Complainant demands death penalty for Sajjan Kumar in anti-Sikh riots case

In a 1984 anti-Sikh riots case, the complainant’s counsel argued for the death penalty for former Congress leader Sajjan Kumar, describing the mass killings as a “state-assisted massacre.” The arguments were presented before Additional Special Judge Kaveri Baweja at Rouse Avenue Courts.

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Senior Advocate HS Phoolka, representing the victims, underscored the scale and systematic nature of the killings. He stated that 2,733 Sikhs were killed in Delhi alone and nearly 3,350 all over the country.

He highlighted that between November 1 and 4, 1984, thousands of Sikhs were murdered, their homes destroyed and their families shattered. The Delhi Cantt police station area alone witnessed 341 murders of Sikhs, yet only 21 FIRs were filed and 15 pertained to deaths and murders.

He drew comparisons to similar patterns of mass killings in Mumbai (1993), Gujarat (2002), Muzaffarnagar (2013). He added “Common to these crimes were the targeting of minorities and the attacks spearheaded by the dominant political actors being facilitated by the law enforcement agencies. The criminals responsible for the mass crimes managed to evade prosecution and punishment. Bringing such criminals to justice poses a serious challenge to our legal system… This calls for strengthening of legal system. Neither ‘Crimes against Humanity’ nor ‘Genocide’ is part of our domestic law of crime. This loophole needs to be addressed urgently.”

The complainant’s counsel argued that it has been established that Kumar was instigating the mob, which was armed with deadly weapons – lathis, bricks, lathis and saria (iron bar), proves that alleged offence were committed after having preparations.

Arguing for the death penalty, the complainant’s lawyers described the 1984 Sikh killings as a ‘state-assisted massacre’, drawing comparisons to the Armenian Genocide and other mass killings recognized internationally as crimes against humanity. It also pointed to cases lodged by daughters and widows, underscoring only male members of families of one community were singled out for elimination.