[1984 anti-Sikh riots] Delhi court orders framing of murder, rioting charges against Sajjan Kumar

A Special Court has ordered framing of murder and rioting charges against jailed Congress politician Sajjan Kumar, in a case related to the 1984 anti-Sikh riots [State v. Sajjan Kumar]..Special Judge M K Nagpal, dealing with cases of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), observed that a prima facie case was made out against Kumar in a case where a father and a son were killed by a mob.The Court had found “sufficient material” on record to prima facie opine that Kumar was “not only a participant” of the mob, but also “leading it”..Charges for offences under Sections 302 (murder),147 (rioting), 148 (rioting armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 308 ( attempt to culpable homicide), 323 (voluntarily causing hurt), 395 (dacoity) apart from other charges were ordered to be framed against him..The prosecution stated that on November 1, 1984, S Jaswant Singh and his son S Tarun Deep Singh, residents of Raj Nagar in West Delhi, were killed by a Kumar-led mob comprising thousands.The first information report (FIR) in the case was registered on the basis of an affidavit of September 9, 1985, of the complainant, whose identity was kept concealed.In 2015, the Ministry of Home Affairs (MHA) constituted a Special Investigation Team (SIT) to reinvestigate the cases of 1984 riots following which the complainant in the case recorded her statement on November 23, 2016..Kumar was arrested in the case on April 6, 2021 while he was lodged in Tihar Jail undergoing his life sentence in another case.The prosecution alleged that Kumar was leading a mob and instigated the unlawful assembly to resort to "large-scale rioting, arson and looting”.Kumar’s counsel submitted that the investigation carried out by the SIT was “an abuse of the process of law for some vested political interests” and amounted to reinvestigation under the garb of further investigation..He contended that the probe was directed and conducted with the “sole motive to frame the accused in this case as he was a prominent leader of the ruling INCP at Centre” besides being an elected MP at the relevant time.The Court, however, opined that the investigation by the SIT was undertaken only as per the order of the MHA and it was “crystal clear” the the SIT was duly empowered to re-investigate all appropriately serious criminal cases related to the 1984 riots in Delhi.It pointed out that the investigation conducted by the SIT in the present case did not amount to a re-investigation, but rather further investigation as it was during this probe that the statements of some of the key witnesses were recorded for the first time..The material brought on record by the investigating agency was, therefore, found by the Court to be sufficient to form a prima facie opinion that an unlawful assembly on the relevant day and at the relevant time resorted to violence and “destruction of property of Sikhs to avenge the killing of the then Prime Minister Indira Gandhi”.“There is also sufficient material on record for this court to form a prima facie opinion that the accused was not only a participant of the said mob, but also leading it,” the Court held..The judgement underscored, “The above incident of attack on the house of complainant took place at the hand of said mob only and in the said attack not only the house and other household articles of complainant were looted and destroyed, by fire or otherwise, but also the killing of her husband and son took place and even the complainant and the other victims suffered injuries at the hands of participants of such mob.".While ordering framing of charges under various sections, the Court discharged him of attempt to murder and disappearance of evidence charges.Framing of charges will take place on December 16..Additional Public Prosecutor Manish Rawat appeared for the State, Additional Public Prosecutor Gaurav Singh represented the SIT.Advocate Daleep Singh appeared for the victim and advocate C M Sangwan represented Kumar..[Read Order]