'Why Is He Not Hanged?’: Families of 1984 Anti-Sikh Riot Victims Break Down In Tears, Recall Horror After Sajjan Kumar Acquittal

The Rouse Avenue Court on Thursday acquitted former Congress MP Sajjan Kumar in the 1984 anti-Sikh riots case linked to Janakpuri and Vikas Puri police stations.

The Janakpuri case pertains to the killing of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984.

The second case was registered in the Vikaspuri police station related to the burning of Gurcharan Singh on November 2, 1984.

Special Judge Dig Vinay Singh acquitted Sajjan Kumar after trying him in a case lodged by the SIT formed by the Central Government.

A detailed judgment is to be uploaded by the court.

The court had reserved judgment on January 22. Sajjan Kumar was discharged of murder charges in 2023.

Additional public prosecutor (APP) Manish Rawat appeared for the prosecution. Advocate Anil Kumar Sharma along with Apoorv Sharma and SA Hashmi, appeared for Sajjan Kumar.

On July 7, during the recording of his statement, Former Congress MP Sajjan Kumar denied the charges levelled against him in the 1984 anti-Sikh riots case. He had stated before the court that he was not present at the site of the riots and was falsely implicated.

The court had discharged Sajjan Kumar from the offence of murder on August 23, 2023.

“The court has acquitted him as no allegations against him could be proved in the Vikaspuri and Janakpuri cases. We had told the court that he was targeted, as his presence could not be proved. No witness had ever named him till now, but only now, after 32 years. We are thankful to the judiciary for acquitting him,” Anil Kumar Sharma, Counsel for former MP Sajjan Kumar told ANI.

1984 Victims Recall Horror, Demands Capital Punishment

Family members of victims of the 1984 anti-Sikh riots broke down the court acquited former Congress MP Sajjan Kumar in the Janakpuri and Vikaspuri killing cases. One woman fighting for justice for decades questioned the verdict in tears, saying, “Why are we not getting justice? Why has the court acquitted him? Our eleven people were killed.” 

Another victim’s relative said that she had lost ten family members in the violence and demanded the harshest punishment, adding, “Why is Sajjan Kumar not hanged till death? We will approach the Supreme Court.” Yet another affected family member said they would continue their legal fight, asserting, “We are still seeking justice. He is a culprit. We will move higher authorities and demand capital punishment.”

1984 Janakpuri and Vikaspuri Killings: The Case And Trial

The Court had framed charges against Sajjan Kumar under sections of IPC 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly), 153 (promoting enmity between different groups), 295 (Injuring or defiling place of worship, with intent to insult the religion of any class), 307 (attempt of murder), 308 (Attempt to commit culpable homicide), 323 (deals with punishment for voluntarily causing hurt), 395 (Punishment for Dacoity) and 426 (Punishment for mischief) etc.

The Special court while ordered framing of charges stated that, “this court is of prima facie view that the oral and documentary evidence placed on record by prosecution is sufficient to hold that an unlawful assembly or mob consisting of hundreds of persons and armed with deadly weapons like dandas, iron rods, bricks and stones etc. had gathered near the Gurudwara situated in Gulab Bagh, Nawada on November 1, 1984.”

Court had noted that the accused Sajjan Kumar was also a part of the said mob and common object of the said mob was to put the above said Gurudwara 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.

Hence, a prima facie case is held to be made out against the accused/Sajjan Kumar, for the commission of the offences punishable under sections 147, 148, 149, 153A, 295, 307, 308, 323, 395, 436 IPC and charges are accordingly directed to be framed against him for the said offences. Further, in alternative, a charge for the offence of abetment defined by Section 107 IPC and made punishable by Section 109 read with 114 IPC in relation to the above said offences is also directed to be framed against the accused as the accused being principal abettor was present at the scene of crime, when the offences abetted by him were committed by the other unknown offenders.

However, as far as the offences committed during the incident dated November 02, 1984 and which relate to the murder of Sohan Singh and Avtar Singh at the hands of members of the mob or crowd, which had gathered on that date near or outside the Congress party office in Uttam Nagar, and also the injuries suffered by complainant Harvinder Singh in the said incident, are concerned, the accused is being discharged for the offences Under section 302 and 325 IPC respectively committed in the said incident for the reasons already discussed in this order, court had said.

(With ANI inputs)