25 Years after Indira Gandhi: The lawyers in the Indira Gandhi Murder Trial and the 1984 Riots

Special Correspondent

Nov 02, 2009

"October 31, 1984- Mrs. Gandhi was on her way to be interviewed by the British actor Peter Ustinov, who was filming a documentary for Irish television. She was walking through the garden of the Prime Minister's Residence at No. 1, Safdarjung Road. As she passed a wicket gate guarded by Satwant Singh and Beant Singh, they opened fire. Beant Singh fired three rounds into her from his side-arm, and Satwant Singh then fired 30 rounds from his sten gun into her prostrate body. Beant Singh was shot dead by other bodyguards at the scene of the assassination. Satwant Singh was arrested by Mrs. Gandhi's other bodyguards" - Wikipedia

"Rioters were looking for Sikhs during the anti-Sikh riots that followed the assassination of then Prime Minister Indira Gandhi on October 31, 1984. When bloodthirsty mobs ruled Delhi's streets for three days, I and my pregnant wife managed in the nick of time to find shelter. The plight of orphans, widows and bereaved mothers in the relief camp hit me hard. I immediately changed my mind and instead of returning to Chandigarh, I chose to help victims of the massacre. Clearly their suffering was incomparably greater than ours." - Harvinder Singh Phoolka, Senior Advocate

Indira Gandhi's assassination was followed by riots, a change in Government and a series of trials and landmark constitutional cases. 25 years on, Bar & Bench looks at the lawyers who became an integral part of the unfolding legal drama.

The immediate step following the killing was the trial of the convicts, including the thorny issue of legal representation of Satwant Singh and Kehar Singh. Charged with the murder of Indira Gandhi, they were facing more than a dozen other charges which, if proved, could result in a death sentence. Beant Singh's fate had already been sealed, gunned down by Indira Gandhi's other bodyguards.

At the trial, Satwant Singh was represented by P.N. Lekhi, a Senior Advocate in the Supreme Court. During the trial, P.N. Lekhi drew the court's attention to his own security, claiming that certain members of the Gandhi family were plotting to kill the Senior Advocate for defending 'sikh militants'. K.L. Arora, the then Government Counsel, headed the prosecution team before the trial court, which was convened in the Tihar Jail enclosure. The Judge, Mahesh Chandra, delivered the judgment on January 22, 1986, and sentenced Satwant Singh and Kehar Singh to death. He went on to become a judge of the Delhi High Court in 1990.

A commission of inquiry was appointed, headed by Justice M.P. Thakkar to investigate the conspiracy behind the assassination. Justice Thakkar went on to become the Chairman of the Twelfth Law Commission.

The appeal from the trial reached the Delhi High Court and a number of legal bigwigs joined the battle. Ram Jethmalani, his junior, R.S. Sodhi, and his children, Mahesh and Rani, were at the forefront. R.S. Sodhi, who later assisted Ram Jethmalani in the Supreme Court as well, was the advocate on record for Punjab and was later appointed as the additional Advocate General for Punjab. He retired as a judge of the Delhi High Court.

 

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Comments(10)
  • 1. "A very well written and researched article...". Legal Eagle, India
  • 2. "Fantastic article! ". Manu, Mumbai
  • 3. "Good one!". Meenakshi, Mumbai
  • 4. "Interesting piece!!!! ". Adishree, Hyderabad
  • 5. "Good article. Personally and professionally Knowing Mr. Phoolka,and having gone through his book titled "When a tree which shook Delhi" i am aware of the saga that continues. Hats off to the gentleman. ". Mrinal Madhav, Delhi
  • 6. "A perfect summary of case mentioning important names associated with the case..". Anand Kumar Jha, New Delhi
  • 7. "Very Much informative..". Nheha, Pune
  • 8. "fantastic article about indra gandhi". Kunal Choudhary, Delhi
  • 9. "Insinuations suggested in the article are disturbing`". Drparasjain@hotmail.com, Mumbai
  • 10. "The article is crisp, informative, impartial and historical. One who wants to know the gist of Indira Gandhi Murder Trial can very well go through this article. Wellwritten.". S. Padmavathi, M.A,M.L., Advocate 94860 74220, Tamil Nadu
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