Former Congress MP Sajjan Kumar has been sentenced to life imprisonment in connection with 1984 anti-Sikh riots. Kumar was convicted in the murder of Jaswant Singh and his son Tarundeep Singh in November 1984 anti-Sikh riots in Delhi’s Saraswati Vihar. This marks the second life sentence for Kumar, who is already serving time for his involvement in the Delhi Cantonment riots case. The three-time parliamentarian was found guilty of leading and inciting a mob that targeted Jaswant Singh and his family. Last week, the public prosecutor submitted that the death penalty should be imposed, citing Nirbhaya case and similar rulings.
“From the evidence on record, it has been established that the victims in the present case not only witnessed the brutal killings of their family members at the hands of the rioting mob which the Convict was a part of, but they were also witness to the burning and destruction of their dwelling house and looting of their belongings. The helplessness of the victims and the lack of any support whatsoever from the neighbours and also the police has also been established from their un-controverted depositions. In these circumstances, I am of the considered opinion that this is a fit case where the Convict must also be awarded life imprisonment for the offence punishable under Section 436 I PC r/w Section 149 IPC in addition to fine,” special judge Kaveri Baweja said in the 20 pages order.
Pronouncing the order, the judge said his
(Kumar) old age and illness weighed in favour of a lesser sentence instead of death penalty. The minimum punishment for murder is life imprisonment whereas the maximum is death.
The judge said the offences committed by Kumar were undoubtedly brutal and reprehensible but underscored certain mitigating factors, including his age of 80 years and illnesses that “weigh in favour of imposing a lesser sentence, instead of death penalty”.
The judge said, though the killings of two innocent persons in the present case is no less an offence, however, the above noted circumstances, in my opinion, do not make this a ‘rarest of rare case’ warranting imposition of death penalty for the offence punishable under Section 302 r/w Section 149 IPC. The offence of murder attracts a maximum of death penalty whereas the minimum punishment is life imprisonment.
The court’s verdict came amid intense protests by members of the Sikh community, who gathered outside the court demanding the death penalty for Kumar. Calling the 1984 riots one of the “darkest and most shameful” episodes in India’s history, the protesters emphasised the need for justice and accountability. The riots had erupted following the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984, leading to widespread violence against Sikhs across the country. The Rouse Avenue Court had reserved its verdict on January 31 after hearing additional arguments from Public Prosecutor Manish Rawat.
The court on February 12 convicted Kumar for the offence and sought a report from Tihar Central Jail authorities on his psychiatric and psychological evaluation in view of a Supreme Court order asking for such a report in cases attracting capital punishment.
Nothing “adverse was reported about Kumar’s behaviour” and his conduct was “satisfactory” according to a jail report, the court added.
“The ‘satisfactory’ conduct of the convict as per the report of the jail authorities, the ailments from which he is reportedly suffering, the fact that the convict has roots in the society and the possibility of his reformation and rehabilitation are material considerations which, in my opinion, tilt the scales in favour of sentence for life imprisonment instead of death penalty,” the order said.
Referring to the jail report, the judge observed Kumar was unable to carry out his daily routine properly owing to poor health. The judge noted the psychiatric and psychological evaluation report of the convict, which revealed that he was under the treatment of the Department of Medicine, Urology and Neurology at Safdarjung Hospital and was prescribed anti depressive and sleep medicines.
The judge went on to add that the case at hand was part of the same incident and could be seen in continuity of the incident for which the Kumar was sentenced to life imprisonment by the Delhi High Court on December 17, 2018.
He was then found guilty of having caused the death of five persons during a similar incident of rioting post the assassination of former Prime Minister Indira Gandhi. “Though the killings of two innocent persons in the present case is no less an offence, however, the above noted circumstances, in my opinion, do not make this a ‘rarest of rare case’ warranting imposition of death penalty,” the court said.
The judge therefore awarded life imprisonment to Kumar for being part of the mob which set afire the house of the victims and “brutally killed” the two victims aside from looting their belongings. Referring to the jail report, the judge observed Kumar was unable to carry out his daily routine properly owing to poor health.
The judge noted the psychiatric and psychological evaluation report of the convict, which revealed that he was under the treatment of the Department of Medicine, Urology and Neurology at Safdarjung Hospital and was prescribed anti depressive and sleep medicines. Kumar otherwise did not show any signs and symptoms of mental illness or requiring any psychiatric intervention at present, the judge noted.
The judge fined Kumar with approximately Rs 2.4 lakh. All the sentences were ordered by the court to run concurrently. Reacting to the verdict, Delhi Sikh Gurudwara Management Committee (DSGMC) general secretary Jagdip Singh Kahlon said they are not happy with the punishment awarded to Sajjan Kumar. “We are upset that someone like Sajjan Kumar was not given the death penalty. I believe if he had been given a death sentence, it would have been better, and we would have felt satisfied...After 41 years, even if he got life imprisonment, justice has prevailed. I respect the verdict of the court,” Kahlon said.
The 1984 anti-Sikh riots were triggered by the assassination of the then Prime Minister Indira Gandhi on October 31, 1984, by her Sikh bodyguards, Beant Singh and Satwant Singh. The assassination occurred in the wake of Operation Blue Star, a military operation that year in June, which was undertaken to remove Sikh militants, including Jarnail Singh Bhindranwale, who were holed up in the Golden Temple, a holy shrine for Sikhs in Punjab’s Amritsar.
According to a report of Nanavati Commission, constituted to probe the violence and its aftermath, there were 587 FIRs filed in Delhi in relation to the riots that saw killings of 2733 people. Of the total, about 240 FIRs were closed by police as “untraced” and 250 cases resulted in acquittal. Only 28 cases of 587 FIRs resulted in convictions, in which about 400 persons were convicted. About 50 were convicted for murder, including Kumar.
Kumar, an influential Congress leader and an MP at the time, was accused in a case over the killings of five persons in Delhi’s Palam Colony on November 1 and 2 in 1984. He was awarded life imprisonment by the Delhi High Court in the case and his appeal challenging the punishment is pending before the Supreme Court. Two other appeals are pending before Delhi high court and the Supreme Court against Kumar’s acquittal and life imprisonment in two other cases respectively.
