The Delhi High Court has admitted an appeal moved by the Central Bureau of Investigation (CBI), challenging the acquittal of former Congress MP Sajjan Kumar and other accused in connection with the alleged killing of three persons of the Sikh community during the 1984 anti-Sikh riots.
A bench of Justices Pratiba M Singh and Justice Amit Sharma granted leave to the central probe agency for filing of appeal against the September 2023 decision of the trial court and directed the listing of the matter in December this year for hearing.
Earlier, the trial court had acquitted Sajjan Kumar with other accused individuals in the case.
Delhi’s Rouse Avenue Court, in August 2023, had framed charges against Sajjan Kumar under various sections of the Indian Penal Code (IPC), including that of rioting, attempt to murder, promoting enmity between religious groups, and causing hurt, in a case related to the burning of a Gurdwara during the 1984 riots.
Special Judge MK Nagpal had called him the principal abettor.
The court had found sufficient oral and documentary evidence presented by the prosecution to support the contention that an unlawful assembly consisting of a large mob with weapons had gathered near a Gurdwara in Delhi’s Nawada area on November 1, 1984.
However, while Kumar was charged as a part of this mob, he was discharged of the charge of murder (under Section 302 of IPC) in a separate incident on November 2, 1984, which resulted in two deaths and several injuries outside the Congress office in Uttam Nagar.
Regarding the November 1 incident, the court had observed that Sajjan Kumar had prima facie instigated other unidentified members of the mob to commit illegal acts, including burning down the Gurdwara, damaging or looting articles, burning homes, and inflicting injuries on individuals.
The mob’s objective was to set the Gurdwara on fire, loot its contents, destroy Sikh residences, and harm or kill Sikhs in retaliation for the assassination of Prime Minister Indira Gandhi.