The prosecution has demanded the death penalty for former Congress MP Sajjan Kumar, who was convicted of murdering Jaswant Singh and his son, Tarundeep Singh, in Delhi’s Saraswati Vihar on November 1, 1984.
Court Schedules Sentencing Arguments
Additional Public Prosecutor (APP) Manish Rawat submitted a written request for the death penalty. He cited legal precedents, including the Nirbhaya case, to support his argument. Special Judge Kaveri Baweja scheduled the sentencing arguments for February 21.
The court directed both sides to file written submissions before the next hearing. Senior counsel H.S. Phoolka, representing the victims, confirmed that he would submit his arguments. The defense counsel missed the hearing due to a lawyers’ strike and requested more time.
Prosecution Labels Crime as “Rarest of Rare”
Manish Rawat called the killings “rarest of rare” and argued that the attack deliberately targeted a specific community without provocation. He stated, “The incident broke the entire fiber of trust and harmony among communities,” severely damaging social unity.
The Rouse Avenue Court convicted Kumar on February 12. He is already serving a life sentence in another anti-Sikh riots case related to Delhi Cantonment. On January 31, the court reserved its decision after hearing final arguments.
Defense Challenges Conviction
Sajjan Kumar’s lawyer, Anil Sharma, argued that authorities did not mention Kumar’s name in the initial reports. He questioned why the witness took 16 years to name him. He also claimed that international legal principles do not apply in this case.
Sharma informed the court that Kumar’s previous conviction is under appeal in the Supreme Court. He argued that national laws must take precedence over international rulings, even in extraordinary circumstances.
Victims’ Lawyer Accuses Police of Cover-Up
Senior advocate H.S. Phoolka accused the police of manipulating investigations to shield Kumar. He said, “Police investigation was tardy and to save the accused.” He argued that the Delhi High Court recognized the riots as a “crime against humanity” and part of a larger genocide.
Phoolka emphasized that the riots were not random incidents but a mass killing aimed at minorities. He reminded the court that mobs killed over 2,700 Sikhs in Delhi during the riots.
He also noted that the Supreme Court took the case seriously by forming a Special Investigation Team (SIT) to reopen delayed cases. He cited foreign court rulings on genocide and crimes against humanity.
SIT Report Confirms Kumar’s Role
According to the SIT, Kumar led the mob that murdered Jaswant Singh and Tarundeep Singh. The attackers looted their home, set it on fire, and severely injured their relatives. Investigators found key witnesses who confirmed Kumar’s involvement.
In 2016, the complainant described how the mob, armed with deadly weapons, killed her husband and son. She later recognized Kumar’s photograph in a magazine about six weeks after the attack.
Authorities first registered the case at Punjabi Bagh police station. The SIT later took over after the Justice G.P. Mathur Committee recommended reopening 114 cases, including this one. In December 2021, the court charged Kumar under multiple IPC sections, including:
- 302 (Murder)
- 308 (Attempt to commit culpable homicide)
- 323 (Voluntarily causing hurt)
- 395 (Dacoity)
- 436 (Mischief by fire with intent to destroy a house)
Kumar Denies All Charges
On November 1, 2023, the court recorded Kumar’s statement. He denied all allegations. However, the prosecution insists that witness testimonies and other evidence directly link him to the crime.
With sentencing arguments set for February 21, the court will soon decide whether Kumar will face the death penalty.
