NEW DELHI: A Delhi court Tuesday awarded two life terms to Congress ex-MP Sajjan Kumar (80) for murdering a Sikh man and his son during the anti-Sikh riots in Nov 1984. The court said the offences committed were “undoubtedly brutal and reprehensible”.
The two life terms – one for the double murders and another for offences under Section 436 (mischief by fire or explosive substance with intent to destroy house, etc.) of the IPC – will run concurrently.
The court had on Feb 12 convicted Kumar in the case for killing Jaswant Singh and son Tarundeep Singh in Saraswati Vihar.
Refusing to consider the case in the “rarest of rare” category to be fit for awarding death sentence, special judge Kaveri Baweja cited several “mitigating factors”, including Kumar’s age, his health condition and his bedridden wife. “The satisfactory conduct of the convict as per report of jail authorities… the fact he has roots in society and the possibility of his reformation and rehabilitation are material considerations which, in my opinion, tilt the scales in favour of a sentence for life imprisonment,” Baweja said.
Testimonies of victims’ kin nailed Sajjan
Kumar is already serving a life term in a case related to the anti-Sikh riots awarded by Delhi High Court in 2018. The court had specified in that case that he will remain in jail for the rest of his life.
Senior advocate HS Phoolka, who appeared on behalf of the complainant in the case, explained the two life sentences awarded by the court. “One has been awarded for murder under Section 302 of IPC and the other for offences under 436 IPC. The minimum prescribed sentence for murder and the maximum sentence for offences under 436 IPC have been awarded. Both sentences will run concurrently, but two life sentences will have a serious bearing on any plea by Kumar for bail. Getting bail will be difficult,” said Phoolka.
The court pointed out that the incident in question can said to be a part of the same chain of incidents for which Kumar was sentenced to life imprisonment by Delhi High Court on December 12, 2018. He had been found guilty of causing the death of five innocent persons during a similar incident of rioting following the assassination of Indira Gandhi.
“Though the killing of two innocent persons in the present case is no less an offence…the above noted circumstances, in my opinion, do not make this a ‘rarest of rare case’ warranting imposition of the death penalty for the offence punishable under Section 302 read with Section 149 IPC,” the court observed.
Outlining the brutality suffered by the victims, the court said it has been established that the victims in the present case witnessed not only the brutal killing of their family members at the hands of the rioting mob, which Kumar was a part of, but also the burning and destruction of their house and looting of their belongings.
“The helplessness of the victims and the lack of any support whatsoever from the neighbours and also the police have been established from their uncontroverted depositions. In these circumstances, I am of the considered opinion that this is a fit case where the convict must also be awarded life imprisonment for the offence punishable under Section 436 IPC r/w Section 149 IPC in addition to a fine,” said the court.
The court listed various aggravating factors in the case, including the murder of two innocent persons by burning them in the presence of their family members, inflicting injuries and the resultant continuing trauma of the survivor victims (wife, daughter, and niece of deceased victim Jaswant Singh) and destruction of their house and belongings by the mob, of which Kumar was a member during rioting, targeting of male members of a particular community and Kumar’s conviction in a similar case by Delhi HC where five persons were murdered by a mob of which Kumar was held to be the leader.
However, the court’s inclination went in favour of the mitigating circumstances while sentencing Kumar.
The court called the testimonies of the witnesses – the complainant wife, daughter and niece of deceased Jaswant Singh “reliable” and uncontroverted as they proved that their house at Raj Nagar in Saraswati Vihar, Delhi, was set on fire by the said mob.
While sentencing Kumar, the court took note of a report of Tihar Jail authorities, which stated that on account of his prevailing health conditions, Kumar was unable to carry out his daily routine/activities properly. The report said that due to his frail health, he is also not able to do any work in jail.
The report also said that he is under treatment and has been prescribed antidepressants and sleep medicines. He otherwise does not show any signs and symptoms of mental illness and does not require any psychiatric intervention at present, said the report of the jail administration.