41 years on, justice still eludes 1984 anti-Sikh riot victims: Only 13 murder convictions, 253 cases ended in acquittals

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More than 2,700 members of the Sikh community were murdered in four days of violence in the capital in the aftermath of the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984. Forty-one years on, the wait for justice continues for most victims of the carnage.Just 28 cases have ended in convictions to date. Thirteen of these convictions are in murder cases – this number is less than the number of committees and commissions that were set up over the years to investigate cases relating to the anti-Sikh riots.The Justice G T Nanavati Commission set up by Atal Bihari Vajpayee’s NDA government in 2000, one of the 14 panels that investigated the violence, found that 587 FIRs were registered in Delhi, 241 of which could not be traced. Another 253 cases had ended in acquittals.Of the remaining FIRs, 40 were pending trial, and one was pending investigation at the time. Eleven FIRs had been quashed; in another 11, the accused had been discharged. Three cases had been withdrawn.On February 12, 2015, in the first term of the Narendra Modi government, the Union Home Ministry constituted a special investigation team (SIT) to “re-investigate appropriately” the “serious” criminal cases that had been filed in Delhi but had been closed subsequently.A total 293 cases that had been closed and for which untraced reports had been filed, were scrutinised. After going through case records for months, the SIT closed 199 of these cases, primarily because of “incomplete, illegible” records or the absence of witnesses.In 60 of the remaining cases, the SIT launched a preliminary enquiry, but in the absence of evidence or witnesses, 52 of them ended in closures. Police filed chargesheets in five of the remaining eight cases. One of these ended in an acquittal, another is pending in Delhi’s Karkardooma Court.Story continues below this adAccording to Senior Advocate H S Phoolka, who has been fighting cases for the victims since 1984, 20 cases relating to the riots are pending in courts across Delhi. One of these cases, pending in Rouse Avenue Court, is against former Congress MP Sajjan Kumar. Two appeals against Sajjan Kumar’s acquittals and one appeal against double life imprisonments awarded to him are pending before the Delhi High Court, Phoolka said.“I started going to relief camps in November 1984 itself. The first case I took up was in December 1984… It was a case of four orphan sisters whose relatives were killed during the riots and only the minors had survived. I have been continuously fighting these cases. I was the victim’s lawyer in every major fight and before all the commissions and committees,” Phoolka told The Indian Express.In February this year, a Delhi court sentenced Sajjan Kumar to life imprisonment in a case in which he was accused of leading a mob that burned alive one Jaswant Singh and his son Tarundeep Singh in Saraswati Vihar on November 1, 1984, and looted and destroyed their houses.Sajjan Kumar is currently in jail after he was sentenced to life imprisonment by the HC in 2018 in a case relating to the killing of five Sikhs and the burning down of a gurdwara on November 1-2, 1984. His appeal will come up for final hearing in the Supreme Court on November 12.Story continues below this adOn August 30, 2024, a Rouse Avenue Court ordered the framing of charges against former Congress leader Jagdish Tytler for the killing of three Sikhs during the riots near Pul Bangash Gurdwara.The trial in this case is currently ongoing; this is one of two ongoing cases trials in Rouse Avenue Court. One 1984 riots trial each is ongoing in the Karkardooma and Saket Courts.In the Delhi High Court, appeals filed by two convicts, one of whom received the death sentence and the other life imprisonment, are currently pending.In July 2025, Delhi Minister Manjinder Singh Sirsa moved an application in the HC seeking a direction to summon a police report which allegedly mentioned that former Madhya Pradesh Chief Minister Kamal Nath was present at the scene of a crime during the 1984 riots.