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1984 RIOTS





           Convictions in 1984 anti-Sikh riots,


                  but big fish still roaming free





                                          witnessed widespread rioting and kill-  was the first conviction in the cases reo-
             TEHELKA BUREAU               ings of Sikhs in the national capital and  pened by the SIT.
                                          elsewhere.                         Last month, the Delhi Patiala House
                                            According to the FIR lodged in con-  Court awarded death sentence to Yash-
                  emesis is the punishment   nection with the Trilokpuri incident,   pal Singh and handed another convict
                  that is inevitably followed   95 people had died in the rioting and   Naresh Sherawat life imprisonment
                  by hubris. When the Delhi   100 houses were burnt. The convicts   for their role in 1984 anti-Sikh riots. The
                  High Court upheld the con-  had challenged the August 27, 1996   verdict was pronounced in Tihar Jail
         N viction of 70 of the 89 per-   judgment of Sessions Court which had   due to security concerns. The convicts
         sons awarded a five-year jail term by a   convicted 88 out of the 107 people ar-  were previously attacked on the prem-
         trial court for rioting, burning houses   rested on November 2, 1984, for rioting,  ises of the Delhi court during the hear-
         and violating curfew in East Delhi’s   burning houses and curfew violation in  ing of the case on November 15.
         Trilokpuri area during the 1984 anti-  Trilokpuri area of East Delhi. Justice R K   The two were convicted on Novem-
         Sikh riots, the culprits have met their   Gauba dismissed their 22-year old ap-  ber 15 for killing two Sikh youths in
         nemesis.                         peals against the conviction and asked   Delhi’s Mahipalpur area after the assas-
           The conviction of rioters for their   all the convicts to surrender forthwith   sination of former Prime Minister In-
         role in the 1984 anti-Sikh riots marks   to undergo the prison term.  dira Gandhi.  Of particular significance
         a rare success in the long struggles to                          is that this case, relating to a mob attack
         bring the perpetrators to justice. The                           on shop-keepers in Mahipalpur, was
         court noted that the anti-Sikh riots   Of the 88 convicts in     resurrected after being closed as ‘un-
         were a “dark chapter” in the history of                          traced’ in 1994. The attack with deadly
         independent India. “The police force   the 1984 anti-Sikh        weapons left two Sikhs dead and three
         and the civil administration did not take   riots’ cases who     wounded. The Central government’s              • Wounds reopen  Police had closed cases of 1984 anti-Sikh riot for want of evidence. However, a Special Investigation Team on the riots reopened it
         timely or effective action to prevent the                        decision in 2015 to form a Special Inves-
         riotous conditions from spiraling out of  moved the high         tigation Team to reopen serious cases          how influential men have managed to   the police did not promptly register the  ject” a “sense of neutrality” in the inves-
         hand. The criminal law process began   court, several have       related to the 1984 riots has yielded re-      evade the law. An appeal challenging   crimes and collect evidence and the   tigative and prosecution process.
         but hesitatingly and belatedly.                                  sults. Yashpal Singh, a goods transport-       the acquittal of Congress leader Sajjan   other agencies, including the prosecu-  As many as 16 of the remaining 19
           However, the question still arises, if  died during the        er, has now been sentenced to death,           Kumar is in the Delhi High Court.  tion and the trial court, “failed to rise to  persons died during the pendency of
         the big fish are still roaming free. Im-  pendency of their      and Naresh Sehrawat, the local post-             The Delhi Police had closed the case  the occasion”.           appeals against the trial court’s August
         mediately after the judgment was pro-                            man when the mob attack took place, to         in 1984 for want of evidence. However,   Justice Gauba noted that 95 bodies   27, 1996, verdict. The appeals of the re-
         nounced, Delhi Chief Minister, Arvind   appeals and the          life. The trial court brushed aside minor      a Special Investigation Team on the ri-  were recovered after the rioting, 22 of   maining three were dismissed after
         Kejriwal tweeted “I welcome Delhi                                discrepancies in evidence and techni-          ots reopened it.                which remained unidentified and it   they absconded. Justice RK Gauba asked
         High Court judgment upholding the   case against them            cal objections to the fresh investigation        Of the 650 cases registered in con-  was likely that no prosecution was initi-  the convicts to surrender forthwith to
         conviction of 88 culprits responsible   has abated               being taken up.                                nection with anti-Sikh riots in Delhi,   ated against anyone in respect of these  serve their remaining prison terms.
         for the murder of hundreds of innocent                              The investigation into the 1984 riot        267 were closed as untraced by the   deaths. “This court directs the Com-  From calling witnesses from Italy to
         people in Trilokpuri during 1984 riots.                          cases has been severely hampered by            Delhi Police.  Of these 267 cases, the CBI  missioner of Police, Delhi, to have the   testify in the 1984 anti-Sikh riot case to
         Justice has so far not been done to riot   Of the 88 convicts who moved the   the fact that large sections of the police   later took five up. The SIT also scruti-  material and evidence re-examined for   publishing public notices, the Special
         victims even after 34 years. Big fish are   high court, several have died during the  connived with the rioters, who included   nised the records of 18 cancelled cases.  further action... The large-scale rioting,   Investigation Team formed in 2015,
         still roaming free”.             pendency of their appeals and the case   Congress functionaries and supporters.   The SIT found 60 cases appropriate   mob violence, arson, plunder, genocide,  took extensive measures to probe the
           Welcoming the judgment uphold-  against them has abated, police had   In this very case, a long-time Congress   for further investigation. It filed “un-  and looting has been duly proved and   60 cases it had reopened out of the total
         ing the conviction of around 88 peo-  earlier said.              functionary, Jai Pal Singh, had been           traced report” in 52 cases in the last   established... the judgment of the trial   293, and succeeded in getting a convic-
         ple for rioting during 1984 anti-Sikh   Earlier on November 20, a Delhi   tried and acquitted by a magistrate’s   one-and-a-half years.         court must be upheld.”           tion in the first case on Wednesday.
         riots, Kejriwal said the “big fish” are still  court had awarded death penalty to   court as early as in 1986. However, the   Out of the eight cases being inves-  Dismissing the appeals of the con-  A Delhi court Wednesday convicted
         roaming free and justice has so far not   convict Yashpal Singh for killing two   witnesses who identified Naresh and   tigated, charge sheets have been filed   victs and canceling their bail bonds, the  two people for killing two men during
         been done to the riot victims even after  men in the 1984 anti-Sikh riots, the first  Yashpal among the 800-odd rioters at   in five, and three, in which senior Con-  court noted that after each communal   the 1984 anti-Sikh riots.
         34 years. After the assassination of the   capital punishment in the case. The   Mahipalpur, had once again said Jai Pal   gress leader Sajjan Kumar is an accused,  riot, there were allegations of political   Of the 650 cases registered in con-
         then Prime Minister, Indira Gandhi on   court had also awarded life term to co-  Singh was a prominent participant in   are pending investigation.   influences being the root cause and   nection with anti-Sikh riots in Delhi,
         October 31, 1984, the next couple of days  convict Naresh Sherawat in the case. It   the attack. This is just one instance of   In its 79-page verdict, the court said   therefore, there could be a need to “in-  267 were closed as untraced by the Del-



                                      TEHELKA / 15 DECEMBER 2018  24  WWW.TEHELKA.COM                                                                 TEHELKA / 15 DECEMBER 2018  25  WWW.TEHELKA.COM


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