Delhi Court Acquits Former Congress MP Sajjan Kumar in 1984 Anti-Sikh Riots Case
A Delhi court on Thursday acquitted former Congress MP Sajjan Kumar in a case related to inciting violence during the 1984 anti-Sikh riots in Janakpuri, Delhi. The court emphasized that one cannot be found guilty merely because of involvement in similar offences in the past, highlighting the need for proof beyond reasonable doubt in each case.
Court Cites Absence of Reliable Evidence
Special Judge Dig Vinay Singh of the Rouse Avenue court ordered the acquittal primarily due to the absence of admissible, reliable evidence proving Kumar's presence at the crime scene or his participation in the violence. The judgment noted that Kumar was the only accused in this specific case, which involved allegations of rioting, arson, murder, and criminal conspiracy.
The allegations stemmed from a complaint accusing Kumar of the murders of the father and brother-in-law of Harvinder Singh Kohli, the complainant. The family was allegedly escaping from Vikaspuri towards Janakpuri after rioters began looting and burning properties in the area. However, Kohli passed away before he could be examined by the court, further complicating the prosecution's case.
Witness Testimonies Deemed Unreliable
The court pointed out that Kumar was not named as an accused by eight of the 18 prosecution witnesses for over 32 years, including Kohli. Some of these witnesses only named Kumar during the trial. Not naming the accused in the affidavit or in the statement of the complainant is an important factor while assessing the reliability of the prosecution witnesses, the court ruled.
It concluded that most witnesses examined by the prosecution were hearsay or those who failed to name the accused for decades. Relying on the identification of the accused by such persons would be risky and may lead to a travesty, the judgment stated.
Past Convictions Cannot Establish Guilt in Separate Cases
Refusing to accept the prosecution's argument that Kumar has already been convicted in similar offences, the court observed, A man may be convicted of 100 crimes, but to be held guilty of the 101st crime, proof beyond a reasonable doubt in that crime is required. It added that past criminal background or commission of other offences are separate and can have some value in sentencing, but cannot be considered in holding a person guilty of another crime.
The court further stated, ...this Court has no hesitation in holding that the prosecution has not met the standard of proof required in a criminal trial to prove the guilt beyond a reasonable doubt. It emphasized that the law remains the same for all criminals, whether ordinary men or influential people, and there is no satisfactory justification for not naming the accused for three long decades.
Kumar's Current Legal Status and Background
Sajjan Kumar is currently in jail after being sentenced to life imprisonment by the High Court in 2018 in a separate case related to the killing of five Sikhs and the burning down of a gurdwara on November 1-2, 1984. His appeal against that conviction is pending before the Supreme Court. In February of last year, a Delhi court also sentenced him to life imprisonment in another case where he was accused of leading a mob that burned alive Jaswant Singh and his son Tarundeep Singh in Saraswati Vihar.
The court also ruled that testimonies of defence witnesses did not aid Kumar's case in the Janakpuri matter. Special Public Prosecutor Manish Rawat, appearing for the State, indicated that the judgment is likely to be challenged before a higher court.
Historical Context and Broader Implications
The 1984 anti-Sikh riots erupted in the aftermath of the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984. More than 2,700 members of the Sikh community were murdered in four days of violence in Delhi. Till date, of the 587 FIRs registered in Delhi, only 28 cases have ended in convictions, with thirteen of these in murder cases.
In this specific case, an FIR was lodged in 1992 over the violence in Janakpuri on November 1, 1984. Another FIR was lodged in Vikaspuri on the alleged killing of two men, Sohan Singh and his son-in-law Avtar Singh, the next day. A common chargesheet was filed in 2022 for both FIRs. Kumar was discharged in the Vikaspuri case in 2023, and a review against that discharge is pending before the Delhi High Court.
The FIRs were lodged following a review in 1990 of riot cases by a committee comprising Justice J D Jain and then retired DGP D K Aggarwal. After an SIT was constituted in 2015 to reinvestigate serious riot cases, the 1992 FIRs were reinvestigated and a chargesheet was filed.
This acquittal highlights the ongoing legal complexities and challenges in securing convictions in decades-old riot cases, underscoring the judiciary's emphasis on stringent evidence standards in criminal trials.
