First death sentence, lifer awarded in 1984 anti-Sikh riots case
Rediff.com
Nov. 20, 2018
In
the first verdict after the riots-related cases were reopened by a Special
Investigation Team in 2015, the court held that Singh's offence fell under the
'rarest of rare' category warranting the death penalty. The Delhi Police had
closed this case in 1994 for want of evidence.
The SIT
is investigating nearly 60 cases related to the riots, while it has filed
'untraced report' in 52 cases.
The
court also imposed fine of Rs 35 lakh each on both the convicts and directed
payment of the fine amount as compensation to surviving family members of
deceased Hardev Singh and Avtar Singh.
While
this is the first death penalty after the SIT was formed, one Kishori was
earlier given the death penalty by a trial court in as many as seven anti-Sikh
riots cases.
However,
the Delhi high court confirmed death penalty only in three cases, which were
later commuted to life-term by the Supreme Court.
Sikh
leaders across parties, including Punjab Chief Minister Amarinder Singh,
welcomed the court decision and hoped that others involved in the riots would
also soon be brought to book for their 'horrendous and inhuman acts'.
"Convict
Yashpal Singh is sentenced to death for the offence under section 302 (murder)
of the IPC (Indian Penal Code). Convict Naresh Sehrawat is sentenced to life
for the offence under section 302 (murder) of the IPC," Additional
Sessions Judge Ajay Pandey said.
Proceedings
were held inside the Tihar Jail by Additional Sessions Judge Ajay Pandey due to
security concerns as one of the convicts, Yashpal, was attacked inside the
Patiala House District courts premises on November 15, the last date of
hearing.
The
court directed that the complete original case file be submitted to the Delhi
high court for confirmation of the death penalty.
As
per the Code of Criminal Procedure (CrPC), the death penalty cannot be executed
unless confirmed by the high court.
The
convicts have also been awarded varying jail terms and fines for offences
including attempt to murder, dacoity and attacking victims by dangerous
weapons.
The
court spared convict Naresh the gallows while taking note of his medical
condition and his lawyer's arguments seeking leniency in the quantum of
sentence.
Earlier,
the court had convicted Singh and Sherawat for killing Hardev Singh and Avtar
Singh in Mahipalpur area of South Delhi on November 1, 1984 during the riots
that had taken place after the assassination of then Prime Minister Indira
Gandhi at her residence by the two Sikh bodyguards a day before.
A
mob of about 500 persons, led by the two convicts, had encircled the house of
the victims and had killed them.
It
was just one of the incidents out of several others Delhi alone during the
riots that saw around 3,000 people being killed.
Of
the 650 cases registered in connection with the anti-Sikh riots in Delhi, 267
were closed as untraced by the Delhi Police. Of these 267 cases, five were
later taken up by the CBI.
The
SIT also scrutinised records of 18 cancelled cases.
The
SIT found 60 cases appropriate for further investigation and has filed
"untraced report" in 52 cases in the last one-and-a-half years.
Out
of the eight cases being investigated, charge sheets have been filed in five, while
the status of three cases, in which senior Congress leader Sajjan Kumar is an
accused, is 'pending investigation'.
The
Congress welcomed the court order saying it was 'proud' that the legal process
was being allowed to work out its course.
Role
of several Congress leaders had come under scanner for allegedly inciting
violence during the riots across Delhi and some other places that saw thousands
getting killed, raped, assaulted and their homes burnt.
Tuesday's
proceedings were held inside the Tihar Jail due to security concerns as one of
the convicts, Yashpal, was attacked inside the Patiala House District courts
premises on November 15, the last date of hearing.
A
day later, as the convicts were being taken to the lock-up inside the Patiala
house court's premises after the arguments on quantum of punishment, Bharatiya
Janata Party MLA Manjinder Singh Sirsa had slapped Yashpal Singh and slogans
were raised against two convicts.
Anticipating
a law and order issue, the police requested the court to pronounce the order
inside Tihar.
The
SIT had told the court it was 'brutal murder of two innocent young persons aged
around 25 each. It was a planned murder since the accused were carrying
kerosene oil, sticks etc'.
"People
from only one community were targeted. It was a genocide. The incidents had an
international effect and it took 34 years to get justice. A signal should go to
the society to deter them from committing such horrible crimes. This is rarest
of rare case which calls for death penalty," the SIT had said.
However,
the advocate for the convicts said that the attack was not deliberate or
planned but a sudden flare up.
The
case was lodged on a complaint by victim Hardev's brother Santokh Singh.
The
court held both the accused guilty under various sections including 302
(murder), 307 (attempt to murder), 395 (dacoity) and 324 (voluntarily causing
hurt by dangerous weapons or means) of the IPC.
Punjab
Chief Minister Amarinder Singh described the verdict as long overdue.
"Justice
has finally been meted out to the perpetrators of the heinous crimes,"
Amarinder said, while reacting to the of sentencing.
It
has taken more than 30 years for the court to deliver justice in this case, the
chief minister noted, adding that he hoped that the other cases would also be
settled by the judiciary soon.
The
chief minister also expressed hope that others involved in the attacks would
also soon be brought to book for their ‘horrendous and inhuman acts’.
Sikh
leaders cutting across party lines welcomed the decision and vowed to continue
their fight till each and every victim gets justice.
Aam
Aadmi Party Leader H S Phoolka said it was a great judgement and now the Sikh
leaders are quite hopeful that in other cases also the victims would get
justice.
A
Sikh survivor called the judgement "a start", saying the fight will
continue till they get "complete justice" and bring all perpetuators
to justice.
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