NEW DELHI: A Delhi court on Tuesday sentenced Congress ex-MP Sajjan Kumar (80) to two life sentences for the murders of a Sikh man and his son during the anti-Sikh riots in November 1984. The court described the crimes as "undoubtedly brutal and reprehensible".
The two life sentences—one for the double homicides and another for charges under Section 436 (mischief by fire or explosive substance with intent to destroy house, etc.) of the IPC—will be served concurrently.
On February 12, the court had convicted Kumar for killing Jaswant Singh and his son Tarundeep Singh in Saraswati Vihar. While refusing to classify the case as falling into the "rarest of rare" category suitable for the death penalty, Special Judge Kaveri Baweja cited several "mitigating factors", such as Kumar’s age, health issues, and his bedridden wife. "The satisfactory behavior of the convict as per the jail authorities’ report… his community ties and the potential for reformation and rehabilitation are significant considerations that lean the scales towards a life imprisonment sentence," Baweja stated.
Kumar is currently serving a life term in a separate case regarding the anti-Sikh riots, which was imposed by the Delhi High Court in 2018. In that case, it was specified that he would remain incarcerated for life.
Senior advocate HS Phoolka, representing the complainant in the case, clarified the implications of the two life sentences. "One sentence was for murder under Section 302 of IPC, and the other for offences under Section 436 IPC. The minimum sentence for murder and the maximum for offences under 436 IPC have been assigned. Though both sentences will be served concurrently, having two life sentences will considerably impact Kumar’s chances for bail. Obtaining bail will be challenging," Phoolka remarked.
The court noted that the incident forms part of a continuum of events for which Kumar was already sentenced to life imprisonment by the Delhi High Court on December 12, 2018. In that ruling, he was found guilty of causing the deaths of five innocent individuals during a comparable incident of rioting triggered by the assassination of Indira Gandhi.
While the court acknowledged the heinousness of taking two innocent lives, it believed that the circumstances did not align the case with the "rarest of rare" criteria required for a death penalty under Section 302 read with Section 149 IPC.
Describing the suffering endured by the victims, the court underscored that it was confirmed that the victims witnessed the brutal murder of their family members by a rioting mob, of which Kumar was a participant, and also the destruction of their home and theft of their possessions.
"The helplessness experienced by the victims and the absence of any support from neighbors or the police has been established through their uncontested testimonies. In this regard, I believe that this is a case fitting for life imprisonment for the offence under Section 436 IPC read with Section 149 IPC, alongside a fine," the court declared.
The court highlighted numerous aggravating factors, including the murder of two innocent persons, the violent injuring of victims, enduring trauma faced by the survivors (wife, daughter, and niece of the murdered Jaswant Singh), and the targeting of male members from a specific community. The court also took into account Kumar’s previous conviction by the Delhi High Court for a similar case in which five people were killed by a mob led by him.
However, in determining the sentence, the court leaned towards mitigating factors. It described the testimonies from the complainant wife, daughter, and niece of deceased Jaswant Singh as "reliable" and unchallenged, proving that their residence in Raj Nagar, Saraswati Vihar, Delhi, was indeed set ablaze by the mob.
In deciding Kumar’s sentence, the court considered a report from Tihar Jail, which noted that due to his current health status, he was unable to conduct his daily activities effectively. According to the report, his deteriorating health also prevented him from engaging in any work while incarcerated. He is receiving treatment and has been prescribed antidepressants and sleep medications. However, the report indicated that he currently does not exhibit any symptoms of mental illness that would necessitate psychiatric intervention.
