Long road to justice in ’84 riots cases

FORTY-ONE years after the 1984 Sikh genocide, in which 2,733 Sikhs were brutally killed in Delhi (as per official figures), justice continues to elude the victims. The cases against two key masterminds — former Union Minister Jagdish Tytler and former MP Sajjan Kumar — have drawn national attention. Bringing these political leaders to trial was a long, uphill struggle: Sajjan Kumar has been in jail for seven years, and Jagdish Tytler now faces a murder trial.

On September 28, 2007, a journalist informed me that the CBI had given Jagdish Tytler a "clean chit." When she asked how to obtain the report, I advised her to request it directly from the judge's chamber. Hours later, she returned with a critical piece of information: the CBI had filed a charge sheet against one Suresh Paniwala but had inserted an exoneration of Tytler within it.

By filing a charge sheet instead of a closure report, the CBI avoided the legal requirement of notifying the complainant before exonerating an accused. This was a clear attempt to surreptitiously clear Tytler without scrutiny. The report also claimed the agency could not trace Jasbir Singh, a key eyewitness.

The case against Tytler — accused of leading a mob that killed three Sikhs at Gurdwara Pul Bangash in 1984 — was registered in 2005 on the Nanavati Commission's recommendation and assigned to the CBI. When the case came up the next day, I appeared for the victims and argued that the court must treat it as a closure report, not a charge sheet, and give us time to locate Jasbir Singh. The court agreed and issued notice to the complainant. In December 2007, we filed a protest petition, and advocate Navkiran Singh submitted Jasbir Singh's affidavit offering to testify. The court rejected the CBI's report and ordered further investigation.

In March 2010, the CBI again gave Tytler a clean chit. Simultaneously, the Congress announced his candidature for the Lok Sabha. The same day, I filed a new protest petition. Tytler's supporters attacked me in the Karkardooma court complex. Two days later, journalist Jarnail Singh threw a shoe at Home Minister P Chidambaram in protest. Under massive public pressure, the Congress withdrew Tytler's ticket.

In April 2013, the court again rejected the second closure report, ordering fresh investigation. Yet, in December 2014, the CBI filed a third closure report, again clearing Tytler. On December 4, 2015, the court not only rejected this report but also ordered court-monitored investigation. In 2023, the CBI finally filed a charge sheet for murder against Tytler for leading the mob that killed three Sikhs at Gurdwara Pul Bangash. The trial is now underway.

In January 2010, the CBI filed two charge sheets against Sajjan Kumar — one for the murder of five Sikhs in Delhi Cantt and another for one Sikh in Sultanpuri. Both were registered in 2005 after the Nanavati Commission's findings. Co-accused included ex-MLA Mahinder Yadav and ex-councillor Balwan Khokhar.

On February 2, 2010, when the cases came up in court, I appeared for the victims and requested warrants against the accused, but the public prosecutor sided with Sajjan Kumar's lawyer in seeking summons instead. Concerned about the prosecutor's bias, we approached the Delhi HC for a special public prosecutor. The then Chief Justice AP Shah ordered that the CBI and I agree on a name. We nominated Senior Advocate RS Cheema and DP Singh as special public prosecutors. Their appointment was a turning point.

When Sajjan applied for anticipatory bail, Sessions Judge PS Teji rejected it, after which Sajjan went underground and approached the HC. Several judges recused from hearing the matter. When one judge hinted at granting interim protection, I objected, reminding the court that "when 3,000 Sikhs were killed, heavens had already fallen." Ultimately, no relief was granted that day, though another judge later granted bail.

The case was transferred to Karkardooma Court. Putting aside my other court work for three years, I focussed on this trial. Charges were framed in April 2010 and evidence began soon. Sajjan’s men tried to influence witnesses, especially Nirpreet Kaur, who had lost her father in the massacre. Working with Punjab CM Parkash S Badal and ADGP Suresh Arora, we arranged a house in Mohali guarded by Punjab Police Commandos, ensuring witness safety.

We even attempted a sting operation on Sajjan Kumar through Nirpreet, but his men grew suspicious and she narrowly escaped. The witnesses later testified from secure accommodations arranged through a CBI request to Punjab.

The main witness, Jagdish Kaur, whose husband and two sons were killed, testified first. Her harrowing account shook everyone in court. The defence cross-examined her for 17 days, until suddenly the SC stayed the trial. I argued that such a stay would destroy the witnesses' morale. The court relented, listing the case again within two weeks — a rare move. Later, the stay was vacated, and the trial resumed.

In April 2013, the trial court acquitted Sajjan Kumar but convicted Mahinder Yadav, Balwan Khokhar and three others. The verdict provoked public outrage. Nirpreet Kaur launched a fast-unto-death at Jantar Mantar, demanding an appeal. Supported alternately by AAP, BJP and Akali Dal, her protest forced the government to file an appeal in the Delhi HC after seven days.

While the appeal was pending, I entered politics and became Leader of Opposition in Punjab, which barred me from practising law. Torn between public office and my commitment to the 1984 victims, I resigned in July 2017 to continue pursuing these cases. My resignation drew judicial attention to the victims' continued pain.

Soon after, the SC, led by Justice Dipak Misra, appointed a supervisory committee to re-examine 199 closed cases. In January 2018, it formed a new SIT, headed by Justice SN Dhingra, to reopen investigations. This revived hope for justice after three decades of impunity. The renewed momentum produced tangible results. In September 2018, a Delhi court awarded death penalty to one accused and life imprisonment to another. Then, on December 17, 2018, the Delhi HC convicted Sajjan Kumar and sentenced him to life imprisonment. He has been in jail since, with repeated bail pleas rejected. His final appeal is scheduled in the SC on November 12.

In another case, on February 25, 2025, ASJ Kaveri Baweja sentenced Sajjan Kumar to two life terms for the murder of a Sikh father and son. A third case against him is in its final argument stage.

The pursuit of justice for the 1984 genocide victims has been a decades-long struggle marked by political interference, threats and institutional apathy. Yet, persistent legal battles, courageous witnesses and judicial oversight have finally begun to deliver accountability. While many wounds remain unhealed, the conviction of powerful figures like Sajjan Kumar and the ongoing trial of Jagdish Tytler stand as milestones in India's fight for justice.

HS Phoolka is Senior Advocate, Supreme Court.