India: Court to Observe 2-Minute Silence before everyday's proceedings on 1984 riots case

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1984 Riots: Court to Observe 2-Minute Silence Everyday
PTI | New Delhi | Apr 02, 2012

In an unusual decision, a Delhi court hearing a 1984 anti-Sikh riots case involving senior Congress leader Sajjan Kumar today said a two-minute silence will be observed before commencement of everyday's proceedings in memory of the innocent people killed in the carnage.

The court also said "hundreds of murders" had taken place during the riots which were "never investigated or tried".

"Hundreds of murders that took place during the riots were never investigated or tried. Before the hearing resumes in the case, maintain silence for two minutes as so many people were killed during the riots.

"The description of the incidents given by the witnesses itself show how painful it was for them (victims) as so many innocents were killed," District Judge J R Aryan said.

The judge, who is hearing the final arguments in the riot case in which Kumar has been accused of instigating a mob in Delhi Cantonment area here, said everyone present in the court room during the proceedings will observe two minutes' silence for the "innocent" people who were killed during the riots.

The CBI was advancing the final arguments in the case in which six Sikhs were allegedly killed in Delhi Cantonment area during the riots that had broken out after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.

The arguments remained inconclusive and would continue tomorrow.

CBI prosecutor and senior advocate R S Cheema blamed the Delhi Police for fabricating and destroying the case records.

Cheema told the court that as per the police records, it had recorded two statements of prosecution witness Jagdish Kaur in 1985 and 1992 in which she had refused to identify the accused including Sajjan Kumar but according to the witness and the CBI's probe, she had not deposed before the police during that time.

"Delhi Police had fabricated the record and Jagdish Kaur had not deposed before it in 1985 and 1992. The two statements were wrong," Cheema said.

He also argued that as per CBI's investigation, Jagdish Kaur had recorded a statement before the police on November 3, 1984 where she had named several persons including Sajjan Kumar and two other accused in the case but that deposition was destroyed and missing from the police records.

The prosecutor cited statements of prosecution witnesses who had identified the accused in the court and had also deposed about their presence during the riot incidents.

Showing direct evidence against the accused, he said the statements of witnesses showed the presence of Sajjan Kumar and other accused during riots.

Earlier, the CBI had argued that the Delhi Police acted in a pre-planned manner during the riots and kept its "eyes closed" to the violence.

He had said 150 complaints were made regarding the riot incidents but only five FIRs were registered by the police.

Cheema had said that whatever action was taken by the police was taken against the people who helped the Sikhs.

Sajjan Kumar and other five accused Kishan Khokkar, Girdhari Lal, Mahender Yadav, Balwan Khokkar and Captain Bhagmal are facing trial for allegedly instigating the mob to kill the Sikhs during the 1984 riots.

The case against Sajjan Kumar was registered in 2005 on a recommendation by Justice G T Nanavati Commission. The CBI had filed two charge sheets against him and THE other accused in January 2010.

The trial court had in May 2010 framed charges against Sajjan Kumar and five others under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153-A (promoting enmity between different communities) and other provisions of the IPC.

Sajjan Kumar is facing prosecution in three separate cases in which he has been accused of inciting a mob against the Sikh community during the riots.