1984 anti-Sikh riots: Why Sajjan Kumar was acquitted

A Delhi court on Tuesday acquitted Congress leader Sajjan Kumar of all charges in one of the anti-Sikh riots cases that involved the murder of five people in the Delhi Cantonment Area on November 1-2, 1984. The former Congress Member of Parliament and five others had been accused of conspiring to commit murder and cause riots in the aftermath of the assassination of then prime minister Indira Gandhi.  While Sajjan Kumar, the prime accused in the case had also been charged with creating communal disharmony, was acquitted of all charges, the five others have been convicted of rioting and three have been held guilty of murder. The complainant in the case was Jagdish Kaur, whose son and husband were killed by the rampaging mobs on 1 November. The chargesheet in the case was filed by the CBI in 2010 after cases were registered in 2005 following the recommendations of the Justice Nanavati Commission. The Commission was set up in 2000 to inquire into the sequence of events that led to the 1984 riots that killed nearly 3000 Sikhs in the Capital. Giving the Congress politician the benefit of doubt, the judge, in his 129-page judgment, states “It is a matter of fact that ever since incidents of this case occurred and ever since initial reports were submitted to the local police….none of the complaints mentioned name or presence of Sajjan Kumar in any context. I do agree with the contentions and arguments of counsel Khan for accused Sajjan Kumar that even the affidavit sworn by Jagdish Kaur before Justice Nanawati Commission had evasively mentioned MP Sajjan Kumar…that MP Sajjan Kumar was leading the mob.” Questioning the credibility of Kaur’s testimony, judge states, “It has been rightly argued by Defence counsel that if there was any doubt regarding involvement of Sajjan Kumar in these riots then doubt may not assume a basis of proof in the absence of acceptable and believable evidence proving his specific role. It is a matter of fact that Jagdish Kaur when submitted her affidavit before Justice Ranganath Commission, that affidavit did not mention Sajjan Kumar in any manner though other accused persons had been named. In all these facts and circumstances, testimony of Jagdish Kaur that she heard and saw Sajjan Kumar addressing a gathering with provocative and instigating utterances is not acceptable and believable and to that extent witness is not believable.” (The Justice Ranganath Mishra Commission was constituted in 1985) Acquitting Kumar of charges, the judgment states, “Except a role of conspiracy or abetting no other act or role has been attributed to Sajjan Kumar by the prosecution. Accordingly, accused Sajjan Kumar deserving to be given a benefit of doubt is acquitted of the charge.” You can read the full judgement below: