Court concludes hearing in Saraswati Vihar riots case against Sajjan Kumar

New Delhi: The Rouse Avenue court on Thursday concluded hearing final arguments in an anti-Sikh riots case against former Congress MP Sajjan Kumar. The case pertains to the killing of Jaswant Singh and his son Tarundeep Singh in Saraswati vihar area on November 1, 1984.
Senior advocate appeared for riots victims argued that the police investigations were manipulated in the Sikh riots cases. Police investigation was tardy and to save the accused.
It was argued that during riots, the situation was extraordinary. Therefore, these cases have to be dealt with in this context.
Special judge Kaveri Baweja after hearing the arguments by Senior advocate H S Phoolka listed the matter for clarification. The matter has been listed on November 8.
Meanwhile, the court has asked the defence counsel to file the copy of judgement he relied upon.
The CBI and defence counsel have already concluded the arguments.During the arguments, senior advocate H S Phoolka referred to judgement of Delhi High Court and submitted that it is not an isolated case, it was a part of bigger massacre, it is a part of genocide.
It was further argued that as per official figures 2700 Sikhs were killed in Delhi in 1984. It was not an ordinary situation.
Senior Advocate Phoolka referred to the Delhi High Court judgement in 1984 Delhi cantt case wherein the court called the riots 'crimes against humanity'. It was also said that objective of genocide is always targeting of minorities.
Additionally, Supreme court took it seriously that there is delay and a SIT was constituted.
Senior advocate also referred to the judgement delivered by foreign courts in the cases of genocide and crime against humanity. He also referred to Geneva Convention.
Advocates Anil Kumar Sharma, S A Hashmi, Anuj Sharma appeared for Sajjan Kumar. On November 1, 2023, the court had recorded the statement of Sajjan Kumar. He had denied all the charges levelled against him.
Initially an FIR was registered in Punjabi Bagh police station. Later on, this case was investigated by the Special Investigation Team constituted on the recommendation of justice G P Mathur committee and the SIT filed a charge sheet.
The committee had recommended the reopening of 114 cases. This case was one of them.
On December 16, 2021, the court had framed charges against the accused Sajjan Kumar for commission of the offences punishable Under Section 147/148/149 IPC as well as the offences punishable Under section 302/308/323/395/397/427/436/440 read with Section 149 IPC.
It has been alleged by the SIT that the accused was leading the said mob and upon his instigation and abetment, the mob had burnt alive two persons and had also damaged, destroyed and looted their household articles and other property, burnt their house and also inflicted severe injuries on the person of their family members and relatives residing in their house.
It is claimed that during the course of investigation, material witnesses of the case were traced out, examined and their statements were recorded under section 161 of CrPC
The statements of complainant under the above provision was recorded on November 23, 2016 during the course of this further investigation, in which she again narrated the above incident of looting, arson and murders of her husband and son by the mob armed with deadly weapons. She is also claimed to have deposed therein about the injuries suffered by her and the other victims of the case, including her sisterinlaw who is stated to have subsequently expired.
She also clarified, interalia, in that statement that the photograph of accused was seen by her in a magazine after around one and half months.