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Synopsis

Calling former Congress leader Sajjan Kumar the "principal abettor" in a case related to the burning of a Gurudwara during the 1984 anti-Sikh riots, a Delhi court on Wednesday framed charges against the former MP, paving the way for his trial.

Special Judge M K Nagpal of the Rouse Avenue Court, Delhi said, “This court is of prima facie view that oral and documentary evidence placed on record by the prosecution was sufficient to hold that an unlawful assembly or mob consisting of hundreds of people armed with dandas, iron rods, bricks and stones etc. had gathered near the Gurudwara in Gulab Bagh in the national capital's Nawada area on November 1, 1984 at around 11 am”.

“Accused Sajjan Kumar was also a part of the said mob and common object of the said mob was to put the above said Gurudwara on fire and to burn and loot the articles lying therein and also to burn and destroy the houses of Sikhs situated in the said locality, to damage, destroy or loot their articles or property and to kill the Sikhs residing in that locality, in order to avenge killing of the then Prime Minister Smt. Indira Gandhi,” the special judge said.

The court ordered the framing of charges in relation to the Janakpuri case pertaining to the killing of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984. And second case was registered in Vikaspuri police station related to the burning of Gurcharan Singh on November 2, 1984.

“Hence, a prima facie case is held to be made out against the accused for commission of the offences punishable   U/Ss 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly), 153 (promoting enmity between different groups), 295 (Injuring or defiling place of worship, with intent to insult the religion of any class), 307 (attempt of murder), 308 (Attempt to commit culpable homicide), 323 (deals with punishment for voluntarily causing hurt), 395 (Punishment for Decoity) of IPC and charges are accordingly directed to be framed against him for the said offences…in alternative, a charge for the offence of abetment defined by Section 107 IPC and made punishable by Section 109 r/w 114 IPC in relation to the above said  Section 109  r/w 114 IPC in relation to the above said offences is also directed to be framed against the accused as the accused being principal abettor was present at the scene of crime, when the offences abetted by him were committed by the other unknown offenders.”, the court ordered.

However, the court ordered to discharge him for the offences U/S 302 (Punishment for Murder) and 325 (Punishment for voluntarily causing grievous hurt) of the Indian Penal Code (IPC).

“As far as the offences committed during the incident dated November 2, 1984, which relate to the murder of Sohan Singh and Avtar Singh at the hands of members of the mob or crowd, which had gathered on that date near or outside the Congress party office in Uttam Nagar, and also the injuries suffered by complainant Harvinder Singh in the said incident, are concerned, the accused is being discharged for the offences U/S 302 and 325 IPC respectively committed in the said incident for the reasons already discussed in this order”, the judge said.

Case Title: State v. Sajjan Kumar (ex-MP)