1984 Anti-Sikh Riots: Delhi Court Acquits Former Congress MP Sajjan Kumar In Janakpuri Violence Case

A Delhi court has acquitted former Congress MP Sajjan Kumar in case concerning allegations of inciting violence in Janakpuri and Vikaspuri areas in the national capital during the 1984 anti-Sikh riots, holding that the prosecution failed to prove his involvement beyond reasonable doubt.

“Resultantly, because of a lack of credible evidence as to the presence of the accused in the crime in question or a part of the unlawful assembly or his involvement in any manner, either through instigation, conspiracy, or abetment of any other nature, he is acquitted of the charges,” Special Judge (PC Act) Dig Vinay Singh of Rouse Avenue Courts said.

The judge added that unfortunately, most of the witnesses examined by the prosecution were hearsay, and those who failed to name Kumar for 3 long decades.

The Court said that relying on the identification of Kumar by such persons would be risky and may lead to a travesty.

“Thus, there is no reliable evidence in the present matter that the accused was present at the crime scene for which he has been charged on 01.11.1984, or that he was seen there by anyone. There is no evidence of instigating any such mob. There is no evidence of conspiracy so far as the incident in question is concerned, and this Court has no hesitation in holding that the prosecution has not met the standard of proof required in a criminal trial to prove the guilt beyond a reasonable doubt,” the judge said.

It further ruled that merely because Kumar was an Ex-Member of Parliament or that he was involved in similar instances at other locations, the Court cannot lower the standard of proof required in the case in hand to hold him guilty.

The Court said that conviction in a criminal matter can be founded only when there remains no doubt that the accused before the Court must have committed the crime, and it cannot be founded merely on suspicion.

The case related to incidents of rioting, arson, looting and violence against members of the Sikh community on November 1, 1984, following the assassination of former Prime Minister Indira Gandhi.

The prosecution alleged that Sajjan Kumar led and instigated a mob that attacked a Gurudwara and houses belonging to Sikh residents in the Janakpuri area.

The FIR was registered in 1992 pursuant to recommendations of the Justice J.D. Jain–D.K. Aggarwal Committee. After earlier investigations resulted in closure reports, the case was reopened following the constitution of a Special Investigation Team (SIT) in 2015.

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