1984 anti-Sikh riots: Prosecution demands death penalty for Sajjan Kumar in Saraswati Vihar father-son murder case

The prosecution on Tuesday demanded the death penalty for former Congress MP Sajjan Kumar — guilty of murder of a father-son duo in Saraswati Vihar area of the national capital during the 1984 anti-Sikh riots case.

Terming it a rarest of rare case, Additional Public Prosecutor Manish Rawat said the convict deserved to be awarded the death penalty. Rawat has filed his written submissions.

The lawyer for victims also sought the capital punishment for Kumar who is already serving life imprisonment in another anti-Sikh riots related case.

Asking the convict and the victims to file their written submissions, Special Judge Kaveri Baweja posted the matter for arguments on quantum of sentence on February 21.

The defence counsel couldn’t appear because of lawyers’ strike.

While convicting Kumar, Baweja had on February 12 said, “In the light of… the evidence on record considered in its totality, I am of the opinion that Prosecution has been able to prove its case against the Accused beyond reasonable doubt.”

Besides murder, Kumar has also been convicted of rioting, dacioty, attempting to cause death or grievous hurt, committing culpable homicide and burning the victim’s house as a member of an unlawful assembly.

Kumar (79) is already serving life imprisonment in another anti-Sikh riots related case and the Supreme Court has refused to grant him bail. He has been in jail since December 31, 2018 when he surrendered after being convicted and awarded life imprisonment by the Delhi High Court in a case relating to 1984 anti-Sikh riots in Raj Nagar part-I area in Palam Colony in South West Delhi in which five Sikhs were killed on November 1-2, 1984, and a gurdwara was burnt down in Raj Nagar part II.

His appeal against conviction and sentence order of the high court is pending in the Supreme Court.

On September 20, 2023, Special Judge Geetanjli Goel had acquitted Sajjan Kumar in a case related to murder of a person during the 1984 anti-Sikh riots in Sultanpuri area of the national capital, giving him “benefit of doubt”. The State’s appeal against his acquittal is pending in the Delhi High Court.

The fourth case against Kumar in connection with a culpable homicide in Janakpuri area during the 1984 riots is listed before Special Judge Baweja for evidence on February 18.

Around 3,000 people, mostly Sikhs, were killed in the anti-Sikh riots that broke out following the assassination of the then Prime Minister Indira Gandhi on October 31, 1984, by her two Sikh bodyguards.

The case relates to the killings of Jaswant Singh and his son Tarundeep Singh on November 1, 1984. Punjabi Bagh police station registered the case and the probe was subsequently taken over by a special investigation team.

After hearing additional submissions made by the Public Prosecutor, Special judge Baweja had on January 31 reserved the verdict. On December 16, 2021, the court framed charges against Kumar, finding a "prima facie" case against him.

According to the prosecution, a huge mob, armed with deadly weapons, resorted to large-scale looting, arson and destruction of properties of Sikhs to avenge the assassination of former Prime Minister Indira Gandhi.

The mob attacked the house of the complainant, Jaswant's wife, killing her husband and son apart from looting articles and setting their house ablaze, alleged the prosecution.

This the second conviction in a case reopened on the recommendations of a Special Investigation Team (SIT) set up by the Ministry of Home Affairs (MHA) in 2015 to reinvestigate the 1984 anti-Sikh riots cases.

Following the SIT’s recommendations, the complainant in the case recorded her statement on November 23, 2016, leading to Kumar’s arrest in the case on April 6, 2021 while he was serving a life term in Tihar Jail in another 1984 riots case.

In 2018, one accused was given death penalty and another life imprisonment in connection with the murder of three persons in Mahipalpur area during the 1984 riots. The convicts’ appeal is pending before the Delhi High Court.