Saraswati Vihar Riots Case: Delhi Court Concludes Hearing Against Sajjan Kumar

MP Sajjan Kumar

The Rouse Avenue court on Thursday has wrapped up final arguments on Thursday in an anti-Sikh riots case against former Congress MP Sajjan Kumar.

This case revolves around the tragic killings of Jaswant Singh and his son Tarundeep Singh in the Saraswati Vihar area on November 1, 1984.

Senior advocate H.S. Phoolka, representing the victims, argued that police investigations into the riots were manipulated to protect the accused. He emphasized that the extraordinary circumstances during the riots necessitate a unique legal approach to these cases.

Special Judge Kaveri Baweja, after hearing Phoolka’s arguments, scheduled the next hearing for November 8, requesting the defense to provide copies of the judgments they relied upon.

Both the Central Bureau of Investigation and the defense counsel have already completed their arguments.

During the proceedings, Phoolka referenced a Delhi High Court judgment and described the events as part of a larger massacre, characterizing them as genocide. He highlighted that official records indicate that 2,700 Sikhs were killed in Delhi during the 1984 riots, underscoring the extraordinary nature of the situation.

Phoolka cited a previous Delhi High Court judgment, which labeled the riots as “crimes against humanity.” He argued that the objective of genocide is often to target minority groups. He noted that the Supreme Court took the issue seriously, resulting in the establishment of a Special Investigation Team (SIT) to address the delays in justice.

Additionally, Phoolka referenced foreign court judgments on genocide and crimes against humanity, as well as the Geneva Convention. Advocates Anil Kumar Sharma, S.A. Hashmi, and Anuj Sharma represented Sajjan Kumar, who denied all charges during his statement recorded on November 1, 2023.

Initially, an FIR was registered at the Punjabi Bagh police station, but the case was later investigated by the SIT following recommendations from the Justice G.P. Mathur Committee, which called for the reopening of 114 cases, including this one.

On December 16, 2021, the court framed multiple charges against Kumar, including offenses under Sections 147, 148, 149, and 302 of the Indian Penal Code (IPC).

The SIT alleges that Kumar led a mob that, incited by his actions, burned alive two individuals and looted their home, inflicting severe injuries on family members. The investigation included tracing and examining material witnesses, whose statements were recorded under Section 161 of the CrPC.

A key complainant reiterated the details of the mob’s actions, including the looting and murders of her husband and son, and described the injuries suffered by herself and others. She also mentioned recognizing one of the accused from a magazine photograph about a month and a half after the incident.