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Anti-Sikh riots: Delhi court frames charges against Sajjan Kumar
Special judge MK Nagpal said he was of “prima facie” view that oral and documentary evidence placed on record by the prosecution was sufficient to hold that an unlawful assembly or mob consisting of hundreds of people armed with dandas, iron rods, bricks and stones etc. had gathered near the gurdwara in Gulab Bagh in the national capital’s Nawada area on November 1, 1984 around 11 am
Calling Congress leader Sajjan Kumar the “principal abettor” in a case related to the burning of a gurdwara during the 1984 anti-Sikh riots, a Delhi court on Wednesday framed charges against the former MP, paving the way for his trial.
Special judge MK Nagpal said he was of “prima facie” view that oral and documentary evidence placed on record by the prosecution was sufficient to hold that an unlawful assembly or mob consisting of hundreds of people armed with dandas, iron rods, bricks and stones etc. had gathered near the gurdwara in Gulab Bagh in the national capital’s Nawada area on November 1, 1984 around 11 am.
“Accused Sajjan Kumar was also a part of the said mob and common object of the said mob was to put the above said gurdwara on fire and to burn and loot the articles lying therein and also to burn and destroy the houses of Sikhs situated in the said locality, to damage, destroy or loot their articles or property and to kill the Sikhs residing in that locality, in order to avenge killing of the then Prime Minister Indira Gandhi,” the judge said.
Discharges Kumar of murder charge in another case of riots
The judge, however, discharged Kumar of the charge of murder under Section 302 of the IPC in another case of riots that took place on November 2, 1984 that left two men — Sohan Singh and Avtar Singh — dead and several others injured outside the Congress party office in Uttam Nagar.
While ordering framing of the charges in the case related to the November 1 incident, the judge noted that Kumar had “prima facie” instigated others in the mob, who remained unidentified and could not be identified during the investigation, to achieve the above illegal objectives, including burning down the gurdwara.
The court said a prima facie case was made out against the accused for commission of the offences punishable under various sections of the IPC, including those for rioting, attempt to murder, dacoity, promoting enmity between different groups on grounds of religion, race etc., outraging religious feelings of any class by insulting its religion or religious beliefs and causing grievous hurt.
It said Sajjan Kumar was the “principal abettor” at the scene of the crime.
SGPC condemns quashing of Section 302
SGPC president Harjinder Singh Dhami said the quashing of Section 302 (punishment for murder) of the IPC against Sajjan Kumar is unfortunate in the ongoing Janakpuri and Vikaspuri case.
He said, “The victims who have been demanding justice for the past 38 years have been traumatised by this.”
“Sajjan Kumar is clearly guilty of the Delhi Sikh genocide and is already serving a sentence in one case. Although the framing of charges by the court under several other Sections of the IPC is welcome in the Janakpuri and Vikaspuri case, it is not right to quash Section 302, because this case is related to the killing of Sikhs,” he said.
