Delhi Court Acquits Former Congress MP Sajjan Kumar in 1984 Anti-Sikh Riots Case
In a significant legal development, a Delhi court on Thursday acquitted former Congress Member of Parliament Sajjan Kumar in a case linked to the 1984 anti-Sikh riots. The court ruled that the prosecution failed to meet the required standard of proof, leading to Kumar's acquittal. However, Kumar will continue to remain incarcerated as he is currently serving a life sentence in another riot-related case where he was convicted by the Delhi High Court.
Court Cites Lack of Reliable Evidence and Hearsay Testimonies
Special Judge Dig Vinay Singh, presiding over the case, emphasized that there was "no reliable evidence" to establish Kumar's presence at the crime scene on November 1, 1984. The judge noted that the evidence did not demonstrate that Kumar instigated a mob, participated in an unlawful assembly, or was involved in any criminal conspiracy. Reiterating fundamental principles of criminal law, Judge Singh stated, "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."
The case originated from allegations of widespread violence in west Delhi's Janakpuri and Vikaspuri areas following the assassination of Prime Minister Indira Gandhi on October 31, 1984. First Information Reports (FIRs) were registered much later, in 2015, accusing Kumar of leading mobs responsible for killings, arson, looting, and destruction of Sikh property, including setting fire to a gurdwara. He faced multiple charges under the Indian Penal Code, such as murder, attempted murder, rioting with deadly weapons, promoting enmity between groups, defiling a place of worship, and dacoity.
Witness Testimonies Deemed Unreliable and Delayed
A central issue in the trial was the reliability of the prosecution's evidence. After examining testimonies from 18 prosecution witnesses, the court found that many were either "hearsay witnesses" or individuals who named Kumar for the first time decades after the incident. One key witness admitted that she had not personally witnessed the incident involving Sohan Singh and his son-in-law and had not seen Kumar at the scene. She further conceded that neither she nor her family had named Kumar in any statement prior to 2016, despite his well-known identity in the area.
Judge Singh held that such testimony was barred by hearsay principles and did not qualify as "res gestae" evidence under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023, as the statements were neither contemporaneous with nor immediately connected to the incident. The court expressed dissatisfaction over the prolonged silence of witnesses for three decades, warning that reliance on such delayed identification could result in a "travesty."
Court Balances Trauma with Legal Standards
While acknowledging the severe trauma faced by families affected by the riots, including injuries, loss of life, destruction of property, and police inaction, Judge Singh clarified that emotions could not override legal standards. He emphasized that since Kumar was a former Member of Parliament, the court could not lower the standard of proof required to hold him guilty. The judge also noted that it was impossible for Kumar to be present at multiple locations simultaneously, suggesting that given his wide involvement in similar cases at the time, he had been named in this case as well.
Background and Other Convictions
The FIR in this case was registered in 1992 based on recommendations from the Justice J D Jain-DK Aggarwal Committee. After earlier investigations resulted in closure reports, the case was reopened following the constitution of a Special Investigation Team (SIT) in 2015. The Janakpuri FIR pertained to the killing of two men, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984. A second FIR involved Gurcharan Singh, who was allegedly set ablaze by a mob on November 2, 1984.
In August 2023, a Delhi court dropped charges of murder and criminal conspiracy in both cases but proceeded to try Kumar for rioting and promoting enmity between communities. In February last year, Kumar was sentenced to life imprisonment for the murder of Jaswant Singh and his son Tarundeep Singh during the riots in Delhi's Saraswati Vihar area. He is currently lodged in Tihar Jail, where he is also serving a separate life term imposed by the Delhi High Court in 2018 for the killing of five Sikhs in Palam Colony during the 1984 riots.
