Delhi’s 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 relates to the murder of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984. While the second case was related to the burning of Gurcharan Singh on November 2, 1984 and was registered at Vikaspuri police station.
Special judge Vinay Singh acquitted Sajjan Kumar after hearing him in a case registered by the SIT constituted by the central government. Please note that the detailed decision will be uploaded by the court.
The court had reserved the decision on January 22. Sajjan Kumar was acquitted of murder charges in 2023. Additional Public Prosecutor (APP) Manish Rawat appeared for the prosecution. Advocates Anil Kumar Sharma, Apoorva Sharma and SA Hashmi appeared on behalf of Sajjan Kumar.
While recording his statement on July 7, former Congress MP Sajjan Kumar denied the charges against him in the 1984 anti-Sikh riots case. He told the court that he was not present at the site of the riots and has been falsely implicated.
On August 23, 2023, the court acquitted Sajjan Kumar of murder charges.
The court booked Sajjan Kumar under IPC sections 147 (punishment for rioting), 148 (rioting while armed with deadly weapon), 149 (offence committed by a member of an unlawful assembly in furtherance of the common object of that assembly), 153 (promoting enmity between different groups), 295 (injuring or desecrating a place of worship with intent to insult the religion of any class), 307. Charges were framed under sections 308 (attempt to murder), 308 (attempt to commit culpable homicide), 323 (punishment for voluntarily causing hurt), 395 (punishment for dacoity) and 426 (punishment for rioting).
While ordering framing of charges, the Special Court said, ‘This Court is prima facie of the opinion that the oral and documentary evidence presented by the prosecution is sufficient to hold that on November 1, 1984, an unlawful assembly or mob of hundreds of persons had gathered near the Gurudwara situated at Gulab Bagh, Nawada, armed with deadly weapons like sticks, iron rods, bricks and stones etc.’
The Court found that the accused Sajjan Kumar was also a part of the said mob and the common objective of the said mob was to set fire to the said Gurdwara, burn the items kept in it and loot it, as well as burn and destroy the houses of the Sikhs situated in the said area, damage, destroy or loot their property and kill the Sikhs living in that area, so as to avenge the assassination of the then Prime Minister Indira Gandhi.
Therefore, a prima facie case is made out against the accused/Sajjan Kumar for offenses punishable under sections 147, 148, 149, 153A, 295, 307, 308, 323, 395, 436 IPC and accordingly, framing of charges is directed against him for the said offences.
Further, alternatively, it is also directed to frame charge against the accused for the offense of abetment in respect of the said offenses as defined by section 107 IPC and punishable by section 109 read with 114 IPC, inasmuch as the accused being the main instigator was present at the scene of the crime when the offenses instigated by him were committed by other unknown offenders.
However, in respect of the offenses committed during the incident of 2nd November, 1984, relating to the murder of Sohan Singh and Avtar Singh by members of the mob assembled near or outside the Congress Party Office at Uttam Nagar, and also in respect of the injuries caused to the complainant Harvinder Singh in the said incident, the accused being acquitted of the offenses under Sections 302 and 325 respectively in the said incident, as already discussed in this order, the Court Said.