Sikh Genocide 1984

SIT for Sikh massacre 1984: A move welcomed by various sections – But past experiences don’t hold out much hope

February 3, 2014 | By Sikh Siyasat Bureau

New Delhi, India (February 03, 2014): Delhi Chief minister Arvind Kejriwal’s order for formation of a special investigation team (SIT) to investigate cases related to November 1984 massacre of Sikhs has been welcomed by the victims, besides some diaspora Sikh bodies.

Move to form SIT is being viewed as a sincere effort of Aam Aadmi Party (AAP) to serve the interests of justice, which has been blatantly denied to the victims of one of the most brutal incidents of genocidal violence in India after the partition of 1947.

The effectiveness of any SIT, as proposed by the Arvind Kejriwal’s government in Delhi, at this late stage remains to be seen and the past experiences don’t hold out much hope.

In 2005, the Nanavati Commission had recommended reopening of four cases, out of which chargesheets were filed in three and investigation was held from 2006 to 2009, which is over two decades after the carnage.

As per Times of India (TOI) almost 30 years after the violence against the Sikhs, three cases are still pending before the trial court. One cases has Congress leader Sajjan Kumar as an accused; the trial began only in January 10 this year. The prosecution is still examining its witnesses, after which the defence will bring in witnesses for the trial to be concluded. In the second case, the court is still to frame charges against the accused and pave the way for the trial. The third case is nearing its conclusion with the final arguments being heard.

Two cases, where senior Congress leaders have been named, have not yet reached the trial stage. Even after registration of FIRs, the investigation saw many twists and turns. In the first case, an FIR was registered in 1991 in connection with the killing of four persons in Nangloi during the massacre. Sajjan Kumar, along with five others, was mentioned as an accused but his name was dropped by the police. This case (FIR no.67/87) was clubbed with another FIR (418/1991) with Nangloi police. In 1994, a chargesheet was filed in FIR no.418/1991 against five accused that did not include Kumar. When the court was apprised of a chargesheet missing against Kumar, it said the chargesheet could not be clubbed. Police are yet to file a final report in the case, a detailed news report by Times of India (TOI) notes.

Last year a sessions court of Delhi ordered the reopening of a case against Jagdish Tytler after it was closed by the CBI.

In July 2013, the court asked CBI to “further investigate” the case and record statement of witnesses. While victims claim the SIT will help get justice as people are willing to depose even after three decades, a trial court acquitted Sajjan Kumar in a Sikh massacre case on 30 April, 2013, while convicting all others accused in that case. The court rejected statement of the complainant and CBI’s prime witness Jagdish Kaur in a dramatic manner.

Jagdish Kaur wasn’t the only one whose statement came under judicial scrutiny. As per TOI: [t]he court raised “serious doubts” on the statements of other witnesses, who claimed they saw Sajjan Kumar instigating the mob came after 23 years of the incident.

Senior Supreme Court lawyer H S Phoolka, however, maintains that “several witnesses are available and ready to give evidence”. “Their memories are very much alive and the unfortunate incidents that changed their whole lives are vividly etched in their minds,” he said in a statement on Thursday. “I am certain that the SIT, by reopening cases wrongly closed by police, will finally achieve justice for the victims,” pointed out Advocate H. S. Phoolka.

Note: Above write-up is adapted version of a news published by Times of India (TOI): Tardy probe, sudden twists marred 1984 anti-Sikh riots trials by Smriti Singh, TNN | Feb 3, 2014, 12.28 AM IST.

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Related Topics: 1984 Sikh Genocide, Aam Aadmi Party, Advocate Harvinder Singh Phoolka, CBI, Denial of Justice, Indian National Congress, Indian State, Jagdish Tytler, November 1984, SIT for anti-Sikh Massacre of November 1984

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