Subject: Criminal Procedure Code

Submitted toProfessor Rajaram Garud

Submitted by Mohd Humayun Rahman
Summer term submission

Sajjan Kumar vs C.B.I 2010- A Case Study

INTRODUCTION
The Anti-Sikh Riots of 1984 have been making news for decades. Once more, it made headlines
when the High Court overturned the Trial Court's ruling and sentenced Sajjan Kumar, a former
member of the Parliament, to a life sentence in jail. Finally exposing the cover-ups, the court
ruled that the incidents in 1984 constituted actions against humanity. This judgement was handed
down at the eleventh hour, which regrettably shows how poorly the court system can deliver
justice on time and provides lessons.
FACTS of The CASE

The assassination of the then-prime minister, Smt. Indira Gandhi, on October 31, 1984, by two of
her Sikh bodyguards sparked a national sectarian crisis and bloodshed. Throughout Delhi, 2,733
Sikhs were ruthlessly slaughtered and their homes were demolished from November 1 to
November 4 of that year. Additionally, thousands of Sikhs were killed in other regions of the
nation.
Most of the perpetrators of these horrifying mass murders were shielded by various political
connections and police enforcement organisations. The Central Bureau of inquiry (CBI) took
over the inquiry after these perpetrators escaped prosecution and punishment for more than 21
years.
Sajjan Kumar, the Congress MP who is accused of being the mastermind behind these horrifying
murders, was charged with criminal conspiracy, a crime punishable under Section 120B read
with Sections 146,147,148, 153A, 295,300, 302, 395,397, 425,436 and Sections 427,436 and 449
of the Indian Penal Code, for agreeing, on or around October 31, 1984, with his accomplices,
who included police officers.

LEGAL ISSUES
The main issue of concern was that, although he is accused of a lot of offences, the most serious
one is that, on November 1st and 2nd, he murdered 5 members of the Sikh community who lived
in the Raj Nagar neighbourhood of Palam Colony. Another problem was the destruction of a
Gurudwara in Raj Nagar phase 2.

JUDGEMENT

On April 30, 2013, the trial court declared Sajjan Kumar innocent of all charges, stating that it
was impossible to rely on the witness's testimony because it was inserted after the fact.
Additionally, the court determined that Sajjan Kumar was free from all charges because the
evidence against him was hearsay.
The Delhi High Court heard the CBI's appeal of the trial court's previously stated judgement.
On December 17, 2018, the Delhi High Court invalidated the trial court's decision to exonerate
A-1 (Sajjan Kumar). He was found guilty of the crime of criminal conspiracy punishable under
Section 120B read with Sections 302, 436, 295, and 153A (1) (a) and (b) IPC, as well as the
crime of aiding in the commission of the aforementioned crimes punishable under Section 109
IPC and the crime of making provocative speeches intended to incite violence against Sikhs
punishable under Section 153A (1) (a) and (b) IPC. And he received a life sentence (for the rest
of his life) in prison.
The High Court's aforementioned decision has also been appealed to the Supreme Court, and the
case is still pending there.
Sajjan Kumar recently petitioned the Supreme Court for interim bail on March 11, 2020, citing
medical reasons. The Supreme Court, which heard the case via video conference, denied the
request and ordered that the regular bail petition be heard in July.

OBSERVATION AND CONCLUSION

Thousands of families around the nation have finally found justice thanks to the Supreme Court's
decision. Sadly, it is a fact that such violence requires political support to occur, and those who
perpetrate it are most likely to get away with it by utilising political tactics. This is regrettably
the reason why when such important rulings are rendered against them, they mostly act as a
reminder of the legal system's unfinished business. "It is important to assure those countless
victims waiting patiently that despite the challenges, the truth will prevail and justice will be
done," the Apex court said in delivering this ruling.
The High Court has finally replaced the tears in eyes and the agony of losing family members,
calling it a terrible chapter in India's history that maintains 70 convictions related to the 1984
Sikh-riots. Additionally, we observe that political figures applaud Sajjan Kumar's conviction.
Such genocide crimes not only disturb the nation's peace but also cast doubt on the constitution
and harmony. Uncountable agony has been endured by riot victims, although there have been
delays for a variety of reasons. First, it's necessary to comprehend the significance and function
of the rule of law. To make a fair decision that won't have a significant impact on the lives of
many people, it takes time as well as appropriate evidence, proofs, and inquiry. A structured time
framework system is required.
In this particular case, in particular, a lack of investigation and police officers' refusal to do their
duties have been a major factor in postponing a judgement that ought to have been issued years
ago. It is important to know that the stronger applications of the legal process will benefit all of
us.
There is still a long way to go in the fight for victims because the case will likely end up at the
Apex Court, where it will take a long time for a decision to be made. Justice must be served, but
it also needs to appear to be served.  For now, we all must serve both sides of the argument and
make peace to have a positive impact on the future.