The Tribune – Verdict in Sajjan Kumar case today

Syed Ali Ahmed, Tribune News Service

New Delhi, April 29. The Karkardooma District Court will pronounce its verdict in the 1984 anti-Sikh riots case tomorrow in which senior Congress leader Sajjan Kumar and five others, former MLA Mahinder Yadav, former councillor Balwan Khokhar; Krishan Khokhar, Capt Bhamal and Girdhari Lal, are accused.

Arguments by the prosecution as well as the defence were completed on April 3. District Sessions Judge JR Aryan had on April 16 called for any clarification, if needed. As no clarification was sought by either of the parties, the court declared to pronounce the verdict on April 30.

The case pertains to the killing of Kehar Singh and Gurpreet Singh, husband and son of Jagdish Kaur, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh in the Raj Nagar area that comes under the Delhi Cantonment police station.

The killings took place on November 1 and 2 after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. A case was registered by the CBI in October 2005 on the recommendations of Nanawati Commission. The CBI filed a charge sheet in the court on February 1, 2010. The trial court framed charges against Sajjan Kumar and the five others under Sections 302 (murder), 427 (damage to property), 153-A (promoting enmity between different communities) and 120-B (criminal conspiracy).

Seventeen witnesses each were produced by the prosecution and the defence. After recording of evidence ended in March 2012, arguments in the case were concluded on April 3, 2013.

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The Tribune – Verdict in case against Sajjan Kumar on April 30

New Delhi, April 16. A Delhi court today fixed April 30 for pronouncing its verdict in a 1984 anti-Sikh riots case in which Congress leader Sajjan Kumar, former MLA Mahinder Yadav, former councillors Balwan Khokhar and Krishan Khokhar, Capt Bhamal and Girdhari Lal are the accused.

District Sessions Judge JR Aryan said he required no clarification from the CBI counsel and the accused.

“Come on April 30 for judgment,” he said straight after taking seat in the courtroom.

Sajjan Kumar and the others are facing trial for allegedly conspiring and inciting a mob against the Sikh community in Delhi’s cantonment area after the assassination of Indira Gandhi, resulting in five killings between November 1st, 1984, and November 2, 1984, in the Raj Nagar area , under the Delhi Cantonment police station. The case was registered in October 2005 and the CBI filed a charge sheet on February 1, 2010. Seventeen witnesses were produced by the prosecution and 17 by the defence. (TNS)

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The Tribune – Bhullar’s case is unique, claims advocate Phoolka

Tribune News Service

Amritsar, April 14. Senior advocate H S Phoolka today said the execution of Davinder Pal Singh Bhullar’s death sentence would be a unique case in judicial history of free India as Bhullar had been prosecuted only on the basis of a confessional statement.

He was here on a thanks-giving visit to the Golden Temple after a Delhi court recently set aside the CBI closure report giving a clean chit to Congress leader Jagdish Tytler in an anti-Sikh riots case.

Phoolka said Bhullar’s case was unique as there were no witnesses available and the main accused, Daya Singh Lahoriya, had already been acquitted.

But Bhullar, who had been booked on abetment charges, had been sentenced to death.

He said while governments all over the world were doing away with capital punishment, India continued with the practice.

He urged the Central Government to direct the police to file a challan against Congress leader Sajjan Kumar in a case pertaining to the killing of four Sikhs in 1984.

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The Asian Age – 1984 anti-Sikh riots case: Court reserves judgement

New Delhi, 3 April 2013. A Delhi court today reserved its judgement in a 1984 anti-Sikh riots case in which Congress leader Sajjan Kumar and five others are accused.

District jugde J.R. Aryan fixed the matter for April 16 for clarification, if any, from the CBI or the six accused persons after they concluded the final arguments in the case.

“Judgement is reserved. To come up for clarification, if any, on April 16,” the judge said.

Concluding the final arguments, CBI prosecutor D.P. Singh said that the prosecution has limited itself to what each of the witnesses had seen at the time of the incident.

The witnesses have given honest versions of what they all had seen during the riots, he said, alleging that in all the complaints wherever Kumar’s name had cropped up, it was “immediately eliminated” from the police records.

During the arguments, Kumar’s counsel I.U. Khan told the court that there were material contradictions in statements of the witnesses, including complainant Jagdish Kaur.

Khan said Kaur had not taken Kumar’s name anywhere in any of her affidavits filed before various judicial commissions, constituted to probe the riots-related cases, till 2010.

“When she (Kaur) appeared in the court in 2010 to record her statement, she gave us a shock by naming Sajjan Kumar for the first time and said something which was not there in the records,” he argued.

Kumar is facing trial along with five others — Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal – for allegedly inciting a mob against the Sikh community in Delhi Cantonment area.

The case relates to anti-Sikh riots that had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. (PTI)

http://www.asianage.com/delhi/1984-anti-sikh-riots-case-court-reserves-judgement-429

The Tribune – CBI’s last arguments in Sikh riots case

New Delhi, 25 February 2013. Twenty-nine years after the gruesome 1984 anti-Sikh riots in Delhi, the Central Bureau of Investigation (CBI) is expected, Tuesday, to make final arguments in the case against Congress leader Sajjan Kumar.

The hearing is expected to conclude tomorrow, the CBI had commenced final arguments in the case in March, last year. Sajjan Kumar is facing trial for his alleged role in instigating the mob to kill Sikhs after the assassination of then prime minister Indira Gandhi on October 31, 1984.

During the last hearing, the trial court had slammed the CBI, saying if the agency failed to conclude its arguments in the next hearing, the court would be forced to go ahead and deliver its order.

Sajjan Kumar is facing trial along with five others – Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal – for allegedly inciting a mob against the Sikh community in Delhi Cantonment area.

The Delhi High Court in February 2010 had ordered quick disposal of all pending 1984 anti-Sikh riots cases, including that of Congress leaders Sajjan Kumar and Jagdish Tytler, and had said that they should be concluded within six months in the lower courts.

http://www.tribuneindia.com/2013/20130226/latest-news.htm

The Tribune – Need for people’s movement to get justice for riot-hit: Harvinder Singh Phoolka

Tribune News Service

Chandigarh, February 17. Senior advocate Harvinder Singh Phoolka today called upon the people to build pressure on the executive, legislature and judiciary to “ensure that justice is done” while deciding cases involving Congress leaders Sajjan Kumar and Jagdish Tytler for their alleged role in the 1984 riots, as had been done in the Delhi rape case.

Addressing a press conference, Phoolka said: “Public opinion has always had an impact on the way the government’s are run.

“The CBI had closed the case in which Tytler was accused of killing three Sikhs. A decision on re-opening the case on his alleged involvement in the killings in the Bara Hindu Rao area is expected within a fortnight. A verdict on Sajjan Kumar’s alleged involvement in murdering five Sikhs in Delhi cantonment police station area was also likely to be decided before the end of March.

He said the people could hold peaceful marches in towns and universities to seek “quick and effective disposal of the cases”.

Phoolka made a special mention about a case registered with the Nangloi police station on November 1, 1984, about the killing of five Sikhs. “Though a charge sheet mentioning Sajjan Kumar by name was prepared on April 8, 1992, even after 21 years, it has yet to be finalised and presented in court,” he said.

Phoolka said all three wings of the administration had done an “appreciable job” in deciding the Gujarat riot cases.

But there seemed to be a lack of sincerity in deciding the Delhi riot cases. Now when a decision on certain important cases featuring political leaders was about to be delivered, the public needed to show its solidarity with the riot victims. He said official figures had put the death toll in the Delhi riots at 3,000 though the unofficial number was higher.

“There was no people’s movement on the streets post-riots, as most of the victims were caught up in putting their lives together. Some had opted to migrate from Delhi.

Phoolka is a senior advocate in the Delhi High Court and also a Human Rights activist associated with the 30-year-old legal crusade to get justice for the 1984 riots victims allegedly involving Congress leaders. Phoolka was member-secretary of the Justice Narula Committee (1993) set up to probe the Sikh carnage.

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The Tribune – Polls nearing, focus back on riot victims

Ajay Banerjee, Tribune News Service

New Delhi, January 19. Whenever the Delhi Sikh Gurdwara Management Committee (DSGMC) elections draw near, the focus of rival parties turns back on the 1984 anti-Sikh riots and the displaced community members.

While releasing the SAD (B) manifesto today, party chief Sukhbir Badal hit out at the the Sarna brothers — Paramjit Singh and Harvinder Singh — for allegedly ignoring the riot victims.

Over 2,700 Sikhs were killed in the riots that followed the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

There have been two commissions of inquiry and eight committees to probe the riots. In more than 28 years, the government’s efforts to bring the guilty to book have just meandered through paper work and setting up of inquiry commissions.

For his part, DSGMC president Paramjit Sarna, had, in June last year, announced the setting up of a memorial for the victims. He claimed that the DSGMC had spent huge sums of money in getting the best lawyers to represent the Sikhs in the GT Nanavati Commission of inquiry while “Badals only used the victims”.

Sukbir said: “Sarnas, being close to Congress leaders, have always conspired and acted against the 1984 Sikh victims, witnesses and their lawyers on the directions of the Congress party since most of the accused are senior leaders of the party, including Sajjan Kumar and Jagdish Tytler.”

“We can never forget the dark episode,” a statement from the DSGMC had said last week. While compensation was distributed in Delhi, the Punjab Government, led by Parkash Singh Badal, had failed to distribute the relief amount, Sarna had claimed.

Jarnail Singh, author of “I Accuse… the Anti-Sikh Violence of 1984”, said: “Instead of making allegations against each other, the Badals and the Sarnas should unite and get justice for the riot victims.”

Ironically, in June 2004, the DSGMC had honoured Tytler with a siropa, which led to global protests from the community. A year later, the GT Nanavati Commission indicted Tytler, who had to resign as the Minister of State for Overseas Indian Affairs. The government had then asked the CBI to reinvestigate the cases.

Tyler along with Sajjan Kumar, HKL Bhagat, Lalit Maken and Arjun Das were blamed for the riots by the Sikh community. Maken and Das were shot dead by terrorists while Bhagat had died a natural death. The last time the 1984 riots dominated the political firmament was before the 2009 Lok Sabha polls. When Tytler and Sajjan were given the Congress ticket, Jarnail Singh, a journalist, had hurled a shoe at the Union Home Minister P Chidambaram.

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The Tribune – Supreme Court stays Sajjan’s trial in ’84 riots case

R Sedhuraman, Legal Correspondent

New Delhi, July 11. The Supreme Court today stayed till July 27 the trial of Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case, but requested the Delhi HC to quickly dispose of Kumar’s plea to cross-examine a key witness. An SC bench stayed the trial proceedings after senior counsel UU Lalit, appearing for Kumar, said the HC had restrained the trial court from pronouncing the verdict till July 27, but refused the plea for a stay.

Lalit said the HC ruling had created confusion among Kumar’s trial court lawyers and as such they were indecisive about their line of argument, pending disposal of the plea in the high court for confronting Jagdish Kaur, a prime witness, with her statements to GT Nanavati and Ranganath Mishra Commissions.

The trial court had rejected the plea relating to Kaur on June 2, upon which Kumar challenged it in the HC with an interim prayer for a stay on the trial.

Explaining the logic behind staying the trial, the SC Bench said Kumar might succeed in convincing the HC on the need for confronting Kaur with her statements to the judicial commissions to defend himself. July 27 is the next date of hearing in the high court.

Senior counsel H S Phoolka, appearing for the complainant in the case, and the CBI vehemently opposed Kumar’s plea, contending that it was nothing, but a ploy to further delay the trial.

The trial was to have concluded in August 2010, but was still dragging on because of such delaying tactics, they argued.

At least, the trial proceedings relating to the other five accused in the case should be allowed to go on, Phoolka and the CBI pleaded. However, according to Kumar, the CBI and the witnesses were using the affidavits filed before the commissions. In that case, he could not be prevented from doing the same.

Kumar is facing trial for his role in the killings of six people in the Delhi Cantonment area during the 1984 riots following the assassination of then Prime Minister Indira Gandhi on October 31. The other accused in the case are Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal.

http://www.tribuneindia.com/2012/20120712/main3.htm

The Tribune – HC refuses to stay Sajjan’s trial

Legal Correspondent

New Delhi, July 3. The Delhi High Court has refused to stay trial of Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.

Justice Pratibha Rani, however, restrained the trial court from delivering its judgment till July 27 when Kumar’s petition in the court would be taken up for hearing again. Kumar has challenged the trial court’s refusal to let him use a riot victim’s statements to various judicial commissions to defend himself.

The final arguments in the trial court have been slated for July 12. Kumar had wanted to make use of the statements of Jagdish Kaur to confront her in the trial court. The court had rejected this plea on June 2.

The CBI had opposed Kumar’s plea, contending that under the Commission of Inquiry Act, the affidavits and statements of witnesses given before any commission could not be used against them for the purpose of questioning their testimonies in court.

According to Kumar, the CBI and the witnesses were using the affidavits filed before the Ranganath Misra and GT Nanavati Commissions. In that case, he could not be prevented from doing the same.

Sajjan Kumar is facing trial for his role in the killings of six persons in the Delhi Cantonment area during the riots. The other accused in the case are Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal.

http://www.tribuneindia.com/2012/20120704/main6.htm

The Tribune – 1984 anti-Sikh riots; Sajjan conspired with police: CBI

New Delhi, April 23. A Delhi court, hearing a 1984 anti-Sikh riots case involving senior Congress leader Sajjan Kumar, was today told by the CBI that there was a conspiracy of “terrifying proportion” between him and the police during riots.

“There was a conspiracy of terrifying proportion with the complicity of the police and patronage of local MP Sajjan Kumar,” CBI prosecutor RS Cheema told district judge JR Aryan.

Winding up the prosecution arguments, Cheema focused on the issue of conspiracy between the accused saying it was shown in the statement of the witnesses. “From the statement of the witnesses, it has been clearly shown that a large-scale violence took place during the riots and there was huge conspiracy between all the six accused, some unknown persons and also police officials,” he argued.

Arguing on the extent of killings in the Delhi cantonment area, the prosecutor said as per police records, not even a single killing took place from October 31, 1984 to November 6, 1984.

He said a former police constable, who is now a defence witness had deposed in the court that he was on duty in the area during the riots and he had not come across any report of any killing or rioting. “But, as per GT Nanavati Commission report, the official casualty figures shows that during the riots 341 persons were killed, while 385 houses, 110 shops and 45 vehicles were burnt in the area,” he said, adding that the attitude of the police was to minimise the magnitude of the crime.

Sajjan Kumar and five others are facing trial in the killings of six persons in the Delhi Cantonment area during the 1984 carnage which broke after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

They are accused of instigating a mob to attack and kill the Sikhs. The prosecutor said the killings were committed on Sajjan Kumar’s directions. “In this case, the circumstances clearly show conspiracy and Sajjan Kumar is charged for the offence of conspiracy. The Delhi Police is also accused of conspiring with others but no official has been named,” he said. The CBI had earlier said the police acted in a pre-planned manner during the riots and kept its “eyes closed” to the widespread violence. It had said the police “deliberately” did not act the way it was supposed to do.

Sajjan Kumar and five others, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial for allegedly killing six persons in the Delhi cantonment area during the riots. The case against Sajjan Kumar was registered on the recommendation by the GT Nanavati Commission. The CBI had filed two chargesheets against him and others in January 2010.

The trial court, in 2010, had framed charges against Sajjan Kumar and five others under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of the IPC. (PTI)

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