June 7, 2010 | By Tejashdeep Singh
New Delhi (June 2, 2010): The trial against senior Congress leader Sajjan Kumar for his role in November 1984 Sikh genocide will begin on July 1, 2010. The trial will be held on day-to-day basis.
On May 28, 2010, after hearing the arguments on charge, the Trial Court held that all the charges as mentioned in the Charge-Sheet are prima facie made out against all the accused persons for having caused the death of five Sikhs and hence charges were framed against all the accused namely Sajjan Kumar, Balwan Khokhar, Mahender Yadav, Maha Singh, Capt Bhagmal, Santosh Rani, Girdhari Lal and Krishna Khokhar. All the accused persons pleaded not guilty to the charges and claimed trial to prove their innocence. The charges framed against the accused including Sajjan Kumar are under Section 302 (murder) 120B (Crl. Conspiracy) r/w Sec. 109 (Abetment), 201 (Destruction of Evidence), 147 (Rioting) 148 (Rioting armed with deadly weapon), 149 (Unlawful assembly with a common object), 396 (Dacoity with murder), 449 (House Trespass in order to commit offence punishable with death), 153A (promoting enmity between different groups).
This case relates to killing of five Sikhs in Delhi Cantonment area by mob led by Sajjan Kumar and other accused during the November 1984 Sikh Genocide.
The Justice Nanavati Commission headed by retired Supreme Court Judge Justice GT Nanavati constituted in May 2000 in its report submitted on February 09, 2005 had recommended examining of cases against Sajjan Kumar and other accused.
The Commission concluded that there was credible material against Sajjan Kumar and other accused for recording a finding that they were probably involved as alleged by the witnesses and hence it recommended to the Govt. to examine those cases and take further action against the accused in which the witnesses had named Sajjan Kumar specifically and yet no chargesheets were filed against him and the cases were terminated as untraced.
On October 24, 2005 the Ministry of Home Affairs had directed the CBI to investigate / reinvestigate the cases against Sajjan Kumar in FIR No. 416/84 dated 4th November 1984 of P.S. Delhi Cantt, Delhi. Accordingly, case FIR No. 416/84 of P.S. Delhi Cantt. was re-registered by CBI as case RC – 24(S)/2005-SCU.1/SCR.1 on 22nd November 2005 and investigation was taken up.
After completing investigations, in January 2010, CBI filed charge sheet against Sajjan Kumar and others for kiling of five Sikhs in Delhi Cantonment in November 1984. The charges have now been formally framed by the court paving way for the trial.
Senior Advocate HS Phoolka stated that the case is now fixed for day-to-day trial in which the prosecution witnesses shall be summoned to depose in the court.
Advocate Navkiran Singh who is heading the legal team established by Sikhs for Justice along with Advocate Kamna Vohra stated that the evidence against the accused is very strong and they are very hopeful that the accused would be found guilty.
Attorney Gurpatwant S Pannun, Legal Advisor of Sikhs for Justice stated with the effort of Sikhs for Justice and All India Sikh Student Federation the witnesses were brought forward and the perpetrators of the Sikh genocide have been brought to be charged and he is hopeful that they will be punished for their crimes.
Coordinators of Sikhs for Justice Avtar Singh Pannun, Barjinder Singh Brar, Dr. Bakshish Singh Sandhu, Charanjit Singh Harnampuria, Dilvar Singh Sekhon stated that 25 years is a long time but they are hopeful that justice would be achieved.
All India Sikh Student Federation President Karnail Singh Peermohammed stated wounds of the Sikh community will be healed only after the killers of the Sikhs are punished by law.
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