The prosecution in the 1984 anti-Sikh riots case has called for the death penalty for former Congress MP Sajjan Kumar, who was convicted for the murder of a father-son duo in Delhi’s Saraswati Vihar area. The case pertains to the deaths of Jaswant Singh and his son Tarundeep Singh, who were killed on November 1, 1984, during the aftermath of the anti-Sikh riots.
On Tuesday, Additional Public Prosecutor (APP) Manish Rawat submitted written arguments, requesting the death penalty in accordance with guidelines set out in the Nirbhaya case and other similar instances. The court has scheduled a hearing for February 21 to deliberate on the sentencing. The Special Judge, Kaveri Baweja, has directed both the victim’s and accused’s counsels to file their written submissions before the next hearing.
Senior lawyer H.S. Phoolka, representing the victims, also plans to file submissions. Meanwhile, defense counsel could not appear due to a lawyers’ strike and requested additional time to present their arguments.
APP Rawat argued that this case falls under the “rarest of rare” category. He emphasized that individuals from the Sikh community were specifically targeted without provocation, severely impacting the trust and harmony among communities. He described the incident as a deep violation of societal unity.
The Rouse Avenue court convicted Sajjan Kumar on February 12 for his involvement in the 1984 anti-Sikh riots. Kumar is already serving a life sentence in another related case concerning the Delhi Cantonment riots.
On January 31, the court had reserved the order after listening to the additional submissions of Public Prosecutor Rawat. Defense lawyer Advocate Anil Sharma contended that Sajjan Kumar was not named in the initial investigation, questioned the relevance of international law, and noted a 16-year delay in identifying Kumar as a suspect.
In rebuttal, Rawat clarified that the victim identified Kumar only after learning his identity, challenging the defense’s claims. Senior advocate Phoolka, who had earlier represented the riot victims, accused the police of mishandling the investigations to shield the accused. He further highlighted that the extraordinary circumstances of the riots warranted special consideration.
Phoolka referred to the Delhi High Court’s earlier ruling, which recognized the 1984 riots as a “crime against humanity” and emphasized that the objective of genocide is the deliberate targeting of minorities. He also pointed out that, according to official figures, over 2,700 Sikhs were killed in Delhi during the violence. He added that the case needed to be viewed within the broader context of the massive tragedy.
In his arguments, Phoolka referred to past international rulings on genocide and the Geneva Convention, underscoring that such crimes should not be treated lightly. He also raised concerns about the delayed charge sheet, filed in 1992 but not pursued, suggesting an attempt to protect the accused.
On November 1, 2023, Sajjan Kumar denied all charges during his statement to the court. Initially investigated by the Punjabi Bagh police, the case was later reassigned to a Special Investigation Team (SIT) after a recommendation by the G.P. Mathur Committee. This led to the reopening of 114 cases, including this one.
The SIT’s investigation uncovered evidence linking Kumar to the mob that killed the two victims, claiming he incited and abetted the violence. The SIT’s findings included testimonies from witnesses who detailed the brutal arson and murder.
The court’s deliberations continue as the case moves toward sentencing, with the prosecution advocating for the maximum penalty given the heinous nature of the crimes committed.