The case remains one of the most significant legal battles in India's history regarding justice for the 1984 anti-Sikh riots victims.
1984 Anti-Sikh Riots Case: The prosecution in the 1984 anti-Sikh riots case has demanded the death penalty for former Congress MP Sajjan Kumar, who was convicted of murdering a father and son in Delhi’s Saraswati Vihar area.
Sajjan Kumar was found guilty of the November 1, 1984 killings of Jaswant Singh and Tarundeep Singh during the riots. Additional Public Prosecutor (APP) Manish Rawat filed written submissions, urging the court to award the harshest punishment, citing precedents from the Nirbhaya case and other similar convictions.
Special Judge Kaveri Baweja has scheduled a hearing on sentencing for February 21 and directed both the prosecution and the defense to submit their arguments before the next court date. Senior Advocate H.S. Phoolka, representing the victims, is also expected to file submissions. However, the defense counsel was absent due to a lawyers’ strike and requested additional time.
Case Considered Among ‘Rarest of Rare’
APP Manish Rawat argued that this case falls under the "rarest of rare" category, as members of a particular community were targeted without provocation, shattering societal trust and harmony.
Sajjan Kumar was previously convicted in a Delhi Cantonment anti-Sikh riots case and is currently serving a life sentence. His defense, led by Advocate Anil Sharma, claimed that Kumar was not initially named in the case, citing a 16-year delay in witness testimony. The defense also argued that foreign legal principles should not apply, emphasizing that the law of the land must prevail.
In rebuttal, APP Rawat pointed out that the victim only identified Sajjan Kumar after learning of his identity, dismissing claims of fabricated charges. Senior Advocate Phoolka further argued that police investigations were deliberately manipulated to protect the accused and called the 1984 riots a genocide, in line with past Delhi High Court judgments.
Delays and Political Interference in the Investigation
The Special Investigation Team (SIT), formed based on the Justice G.P. Mathur Committee’s recommendations, reopened 114 cases, including this one. The committee found that a charge sheet against Sajjan Kumar had been prepared in 1992 but was never filed, suggesting police interference.
The court framed charges against Kumar in December 2021, under multiple sections of the Indian Penal Code (IPC), including murder, rioting, arson, and looting. According to the SIT, Kumar instigated and led the mob that killed Jaswant Singh and Tarundeep Singh, burned their house, looted their belongings, and attacked their family members.
The case remains one of the most significant legal battles in India's history regarding justice for the 1984 anti-Sikh riots victims. The court is expected to announce its final sentencing decision on February 21.
