New Delhi [India], October 29 : The Rouse Avenue Court in Delhi on Wednesday directed the Prosecution to file written submissions in a 1984 Sikh riots case against former Congress MP Sajjan Kumar.
Sajjan Kumar is facing trial in a case linked to FIRs registered at Janakpuri and Vikas Puri Police Stations.
The Janakpuri case pertains to the killing of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on November 1, 1984. The second case was registered in the Vikaspuri police station related to the burning of Gurcharan Singh on November 2, 1984.
Special Judge Dig Vinay Singh asked the Prosecution to file written submissions and listed the matter for arguements on November 27 and December 4.
Additional public prosecutor (APP) Manish Rawat appeared for the prosecution.
Advocate Anil Kumar Sharma, along with Apoorv Sharma and SA Hashmi, appeared for Sajjan Kumar. Advocate Surpreet Kaur appeared for the riot victims.
On July 7, during the recording of his statement, Sajjan Kumar denied the charges levelled against him in the case. He had stated before the court that he was not present at the site of the riots and was falsely implicated.
The court had discharged Sajjan Kumar from the offence of murder on August 23, 2023.
The Court had framed charges against Sajjan Kumar under sections of IPC 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly), 153 (promoting enmity between different groups), 295 (Injuring or defiling place of worship, with intent to insult the religion of any class), 307 (attempt of murder), 308 (Attempt to commit culpable homicide), 323 (deals with punishment for voluntarily causing hurt), 395 (Punishment for Dacoity) and 426 (Punishment for mischief) etc.
The Special court, while ordering framing of charges, stated that, "this court is of prima facie view that the oral and documentary evidence placed on record by prosecution is sufficient to hold that an unlawful assembly or mob consisting of hundreds of persons and armed with deadly weapons like dandas, iron rods, bricks and stones etc. had gathered near the Gurudwara situated in Gulab Bagh, Nawada on 01.11.1984."
The court had noted that Sajjan Kumar was also a part of the said mob, and the common object of the said mob was to set the Gurudwara on fire and to burn and loot the articles lying therein and also to burn and destroy the houses of Sikhs situated in the said locality, to damage, destroy or loot their articles or property and to kill the Sikhs residing in that locality, in order to avenge the killing of the then Prime Minister Indira Gandhi.
Hence, a prima facie case is held to be made out against Sajjan Kumar for the commission of the offences punishable under sections 147, 148, 149, 153A, 295, 307, 308, 323, 395, 436 IPC and charges are accordingly directed to be framed against him for the said offences, the Court had said.
Further, in the alternative, a charge for the offence of abetment defined by Section 107 IPC and made punishable by Section 109 read with 114 IPC in relation to the above-said offences is also directed to be framed against the accused, as the accused, being the principal abettor, was present at the scene of the crime when the offences abetted by him were committed by the other unknown offenders.
However, as far as the offences committed during the incident dated 02.11.1984 and which relate to the murder of Sohan Singh and Avtar Singh at the hands of members of the mob or crowd, which had gathered on that date near or outside the Congress party office in Uttam Nagar, and also the injuries suffered by complainant Harvinder Singh in the said incident, are concerned, the accused is being discharged for the offences Under section 302 and 325 IPC respectively committed in the said incident for the reasons already discussed in this order, court had said.