1984 Sikh Genocide by Congi Goons

Sajjan Kumar

CBI vs. Sajjan Kumar & Ors.

 

One Congi Goon has been dealt with by the Law. Many others are still loose and yet to be brought before the Court.

The relevant paras from the Delhi High Court judgment w.r.t. Sajjan Kumar are as follows:

Charges framed against A-1 (Sajjan Kumar)

4. Four articles of charge were framed against A-1. First, he was charged with having committed the offence of criminal conspiracy punishable under Section 120B read with Sections 147, 148, 302, 395, 427, 436, 449, 153A, 295, and 505 IPC on account of entering into an agreement, on or about 31st October 1984, with A-2 to A-6 as well as Maha Singh, Santosh Rani @Janta Hawaldarni, Ishwar Chand Gaur @ Chand Sharabi, Dharamveer Singh Solanki, Balidan Singh, Raj Kumar @ Rajaram (all since deceased), and other known and unknown persons including police personnel to commit the following acts:

(i) Rioting,

(ii) Rioting armed with deadly weapon,
(iii) Murder,
(iv) Mischief causing damage,
(v) Mischief by fire with intent to destroy houses etc.,
(vi) House trespass in order to commit offence punishable with death,
(vii) Dacoity,
(viii) Promoting enmity between different groups on grounds of religion and doing acts prejudicial to maintenance of harmony,
(ix) Injuring or defiling place of worship with intent to insult the religion of Sikh community, and
(x) Making statements conducing to public mischief.

5. Secondly, A-1 was charged with being a principal offender who abetted and instigated the aforementioned co-accused persons in the wake of the assassination of Smt. Indira Gandhi to commit, in pursuance of the aforementioned conspiracy, offences punishable under Sections 147, 148, 302, 395, 427, 436, 449, 153A, 295, and 505 IPC and thereby having committed the offence punishable under Section 109 IPC read with the aforementioned provisions of the IPC.

6. Thirdly, A-1 was charged with having delivered fiery/provocative speeches to the mob gathered at Raj Nagar, Palam Colony, Delhi Cantonment on 1st/2nd November 1984 and having instigated and promoted violent enmity against the Sikh community and disturbed harmony between the two religious groups/communities of the locality in retaliation of the assassination of Smt. Indira Gandhi, giving rise to feelings of enmity, hatred, and ill will between members of the non-Sikh and Sikh communities which was prejudicial to the maintenance of harmony and disturbed public tranquillity and was thereby guilty of committing the offence punishable under Section 153A IPC.

7. Fourthly, A-1 was charged with having publicly made a statement on 1st/2nd November 1984, to wit, by asking members of the Jat community to not leave any Sikh or any other person who had given shelter to Sikhs alive, inciting the mob gathered there by delivering fiery/provocative speeches and was thereby guilty of committing the offence punishable under Section 505 IPC.

Nanavati Commission’s findings referred to by Delhi High Court with reference to Sajjan Kumar:

“Many witnesses have stated about the involvement of S/Shri Sajjan Kumar, Balwan Khokar, Pratap Singh, Maha Singh and Mohinder Singh in the riots in areas like Palam Colony, Tilak Vihar, Raj Nagar etc. It was alleged that the mobs indulging in riots were led by Shri Sajjan Kumar and Shri Balwan Khokhar and other Congress leaders. Police did not even record the complaints of the victims/witnesses against them. Instead complaints of losses were recorded by the Police. Other local persons who have been named by the witnesses as the persons who had taken a leading part in the attacks on Sikhs are Rohtas, Ram Kumar and Ved Prakash.

The Commission is, therefore, inclined to take the view that there is credible material against Shri Sajjan Kumar and Shri Balwan Khokhar for recording a finding that he, and Shri Balwan Khokhar were probably involved as alleged by the witnesses. The DSGPC and CJC have also drawn the attention of the Commission to some cases where Shri Sajjan Kumar though named was not charge sheeted or they were closed as untraced. No useful purpose can now be served by directing registration of those cases where the witnesses complaining about the same were examined before the courts and yet the accused were acquitted by the Courts. The Commission therefore recommends to the Government to examine only those cases where the witnesses have accused Shri Sajjan Kumar specifically and yet no charge sheets were filed against him and the cases were terminated as untraced and if there is justification for the same take further action as is permitted by law. Those cases which were closed as untraced and which still deserve to be re-examined are those which would arise from FIR Nos. 250/84, 307/94 and 347/91 of police station Sultanpuri, FIR Nos. 325/93, 329/93, 178/84 of police station Mangolpuri and FIR No. 416/84 of police station Delhi Cantt.”

Conviction of A-1 (Sajjan Kumar)

307. The Court accordingly reverses the impugned judgment of the trial Court acquitting A-1 and convicts him in the following manner:

(i) For the offence of criminal conspiracy punishable under Section 120B read with Sections 302, 436, 153A (1) (a) and (b), and 295 IPC; and

(ii) For the offence of abetting the commission of criminal offences punishable under Section 109 read with Sections 302, 436, 153A (1) (a) and (b), and 295 IPC.

(iii) For the offence of delivering provocative speeches instigating violence punishable under Section 153A (1) (a) and (b) IPC.

308. It may well be that A-1 had organized peace rallies and blood donation camps and  helped in rehabilitation of the victims of the violence. However, this cannot take away from his involvement in the riots in the first place which resulted in the murders of the five deceased in the present case. His claim that he enjoys the political support of the Sikh community also does not find much sympathy from this Court. The Court also cannot agree with his description of the violence as being the result of a “self-evoked provocation which resulted in an outburst of crime in Delhi and other parts of the country” when thousands of Sikh men, women, and children have been butchered while the law and order situation deteriorated all around them.

309. The Court, therefore, sees no reason why he should be dealt a lenient sentence. Accordingly, he is sentenced as indicated hereafter.

One of the summary points against Sajjan Kumar:

“(iv) This was an extraordinary case where it was going to be impossible to proceed against A-1 in the normal scheme of things because there appeared to be ongoing large-scale efforts to suppress the cases against him by not even recording or registering them. Even if they were registered they were not investigated properly and even the investigations which saw any progress were not carried to the logical end of a charge sheet actually being filed. Even the defence does not dispute that as far as FIR No.416/1984 is concerned, a closure report had been prepared and filed but was yet to be considered by the learned MM.”

Sentencing of Sajjan Kumar (A-1):

369. As far as A-1 is considered, he is sentenced as under:

(i) For the offence of criminal conspiracy punishable under Section 120B read with

(a) Section 302 IPC, to imprisonment for life, i.e. the remainder of his natural life;

(b) Section 436 IPC, to RI for 10 years and fine of Rs. 1 lakh and in default of payment of fine to undergo simple imprisonment (SI) for 1 year;

(c) Section 153A (1) (a) and (b) IPC, to RI for three years; and

(d) Section 295 IPC, to RI for two years.

(ii) For the offence punishable under Section 109 read with Sections 302, 436, 153A, and 295 IPC to identical sentences as in (i) (a) to (d) above.

(iii) For the offence punishable under Section 153A (1) (a) and (b) IPC, to RI for three years.

All sentences shall run concurrently.

370. The bail and surety bonds furnished by A-1 stand cancelled and he shall surrender not later than 31st December 2018, failing which he shall forthwith be taken into custody to serve out the sentences awarded to him. A-1 shall not from this moment till his surrender leave the NCT of Delhi in the meanwhile and shall immediately provide to the CBI the address and mobile number(s) where he can be contacted.

 

SAJJAN Kumar is now incarcerated. However, other leaders like Jagdhish Tytler and Kamal Nath are still far away from being even investigated.