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Ex-Congress MP Sajjan Kumar charged under sections of murder, rioting for his role in 1984 anti-Sikh genocide

The ex-Congress MP Sajjan Kumar has been charged for the murder of a man and his son in west Delhi’s Saraswati Vihar during the 1984 anti-Sikh riots

A Delhi court has framed charges of murder and rioting against former Congress leader and 1984 anti-Sikh riots convict Sajjan Kumar. The ex-Congress MP has been charged for the murder of a man and his son in west Delhi’s Saraswati Vihar during the 1984 anti-Sikh riots. While framing the charges, the court said that there was sufficient evidence on record to form a prima facie opinion that Sajjan Kumar was not only “a participant of the riotous mob but had also led it”.

The order was issued on Saturday, December 4 but made available on Monday, December 6.

In an order, Special Judge Manoj Kumar Nagpal stated that the oral and documentary evidence gathered by the investigating officers was sufficient to form the opinion that a mob armed with deadly weapons committed large-scale looting, arson, and destruction of Sikh property to avenge the assassination of then-Prime Minister Indira Gandhi.

Sajjan Kumar has been charged under IPC sections 147 and 148 (rioting), 149 (unlawful assembly), 302 (murder), 308 (culpable homicide not amounting to murder), 323 (voluntarily causing hurt), 395 (dacoity), 397 (robbery with intent to cause death or grievous hurt), 427 (mischief), 436 (mischief by fire or explosive substance with intent to destroy house), and 440 (mischief by fire or explosive substance (mischief committed after preparation made for causing death or hurt).

The judge dropped the charges of an attempt to murder but added section 308 (culpable homicide not amounting to murder), saying that the injuries suffered by the three female victims prima facie appear to have been inflicted with blunt objects, and with an “intention or knowledge that if their death was caused as a result thereof, then the accused and every other member of the above mob would have been guilty of the offence of culpable homicide”.

The court also dropped charges of destruction of evidence against Sajjan Kumar and asked him to appear on December 16 to complete further procedures.

On November 1, 1984, a thousand-strong mob had allegedly burned alive a father and son duo (Jaswant Singh and Tarun Deep Singh) in Raj Nagar, West Delhi. The prosecution had stated that the crowd burned alive the two men, as well as damaged, destroyed, looted, arson and inflicted severe injuries on their family members and relations, on Kumar’s incitement and abetment.

The family members of the deceased had also alleged that the mob was led by Kumar, who “instigated and abetted the unruly mob”.

Sajjan Kumar convicted in 1984 anti-Sikh riots

Sajjan Kumar was one of the many Congress leaders accused of involvement in the 1984 anti-Sikh massacre that happened after the assassination of former PM Indira Gandhi in 1984. Even after grave allegations against him, in 1991 he was given a ticket by Congress to contest elections which were subsequently won by him. He also won 2004 general elections on congress ticket from Outer Delhi seat with highest ever votes at 8,55,543 votes. A Sanjay Gandhi loyalist, he served as Member, Committee on Urban Development and Committee on Members of Parliament Local Area Development Scheme in 2005.

In April 2013, Delhi’s Karkardooma district court acquitted him which led to widespread protests. In August 2013, an appeal was filed in Delhi High Court by CBI against his previous acquittal. He was sentenced to life imprisonment by the Delhi High Court on December 17, 2018. 

He was found responsible for the murder of 5 Sikhs (Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh, and Kuldeep Singh in the Delhi Cantonment area.

Kumar was charged under Section 302 IPC (murder), 120 B (criminal conspiracy), Section 153A IPC (communal hatred speech) and other relevant sections of the IPC. 

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