By Kriti Rathi
1984 remains one of the darkest years in modern Indian history, with Mrs Indira Gandhi being assassinated by two of her Sikh bodyguards due to her order of a military assault at the Darbar Sahib (the Golden Temple) in Amritsar, Punjab. Due to her assassination, multiple killings of Sikh men and women took place.
History
As per official figures, a total of 3,325 people were killed in the 1984 riots. Delhi alone accounted for 2,733 deaths, while the rest occurred in Uttar Pradesh, Haryana, Madhya Pradesh, Maharashtra and other States in the 1984 anti-Sikh riots in which 541 cases were registered. However, till now, a conviction has been announced in only 13 killings. In most cases, one FIR was registered for multiple killings.
The anti-Sikh violence of 1984 was not a riot. The massacres were not spontaneous, irregular or messy. According to a report slowly commissioned by the Government of India in 2000, but for the backing and help of influential and resourceful persons, killing of Sikhs so swiftly and in large numbers could not have happened.
Thirty years later, those who survived the violence have yet to receive any impression of justice. Most perpetrators have yet to be yet to be charged and held liable for their crimes. Many of the affected families continue to live in poverty and alienated feeling to this day. The Indian governments formal position for three decades has been that responsibility comes in the form of silence. However, in the recent times, some gradual changes are visible.
Steps towards justice
In 2015, the government set up a committee, headed by former Supreme Court Judge Justice (retired) GP Mathur. It was headed by Pramod Asthana, an IPS officer of 1986 batch and comprised retired district and sessions judge Rakesh Kapoor and additional deputy commissioner of Delhi Police Kumar Gyanesh. The committee was to submit its report within three months, to examine the possibility of the constitution of a SIT for re-investigating the riot cases. The SIT questioned Congress leader Sajjan Kumar thrice and asked him questions about the allegations that he instigated a mob in Janakpuri on November 1, 1984, which led to the killing of two Sikhs, Sohan Singh and his son-in-law, Avtar Singh.
New proposition
Breaking silence on the riots, The Supreme Court, on 10th January 2018, ordered the reconstitution of a new Special Investigation Team (SIT) to re-investigate 186 out of the 241 anti-Sikh riots cases. The apex court’s decision came after a petition was filed by S Gurlad Singh Kahlon, a member of the Delhi Sikh Gurdwara Management Committee, looking for re-investigation into these cases. It is for the first time that the Supreme Court had shown such seriousness in 33 years on 1984 anti-Sikh riots.
The victims recalled that the previous SIT had been quashed following objections that said the investigation was the police’s forte and not the court’s. Chief Justice Misra said, “That is history. This is we [Supreme Court] who are doing it.“ The court apprehended that the previous SIT had not carried out a further probe into these 186 cases in which closure reports were filed, and had directed setting up of a fresh SIT comprising a former High Court judge and two police officers.
New team
We have perused the report of the supervisory committee which had comprised former apex court judges Justice J M Panchal and Justice K S P Radhakrishnan. On perusal of the same, we find that the SIT has not done further investigation in respect of 186 cases. Regard being had to the nature of the case, we think it appropriate that a fresh SIT should be constituted for carrying on the further investigation. Ms Pinky Anand, learned Additional Solicitor General appearing on behalf of the Union of India, and Mr H S Phoolka, learned senior counsel appearing on behalf of the petitioner, shall file three names consisting of (i) a former Judge of the High Court, (ii) a former IPS officer not below the rank of IG or equivalent post, and (iii) a presently serving police officer of IPS status available in Delhi for constitution of SIT, the bench ordered on 10th January
Besides Justice Dhingra, Abhishek Dular, a serving 2006 batch IPS officer of Himachal Pradesh cadre, and retired IG rank officer Rajdeep Singh would be part of the SIT. A bench headed by Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked them to submit its status report in two months. The next hearing will take place on March 19.
Justice Dhingra, as the judge of the trial court, had dealt with 1984 anti-Sikh riot cases and in about 16 cases, his judgement had resulted in the conviction of accused persons. Abhishek Dular, who served as Superintendent of Police in Shimla, is currently on central deputation with CBI and has probed the sensational Bulandsahar highway gangrape case. Rajdeep Singh, the third member of the new SIT, is a 1979 batch IPS officer who recently retired as Special Director General of Border Security Force.
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