Friday, September 04, 2009

GENOCIDE OF SIKHS - LIFE IMPRISONMENT FOR THREE

NOVEMBER 1984 GENOCIDE OF SIKHS - LIFE IMPRISONMENT FOR THREE

Although delayed, the Sikh community saw a glimpse of justice when a Sessions Court in Delhi sentenced three men to rigorous imprisonment for life under charges of attempt to murder, loot and arson during the November 1984 genocide of Sikhs.

 

In a punishment commensurate with their gruesome crime, Sessions judge Surinder S Rathi sentenced the three, Brij Mohan Verma, Mangal Sain and Bhagat Singh with the maximum sentence along with a fine of Rs 6.2 lakh each. Failure to pay the fine would invite an additional imprisonment for four years.

 

The convicts were immediate neighbours of victim Joginder Singh in Shastri Nagar, North Delhi. On November 1, 1984, the three barged into Singh's house, beat up the family and looted the house before putting it on fire. After this alarming incident done by own neighbors, Joginder Singh and his sons Jagmohan and Gurinder migrated to Amritsar. However, they continued their struggle for Justice.

 

The case was re-investigated by the police on the recommendation of Justice Rangnath Mishra Commission in 1992 following an affidavit filed by Joginder Singh. The court had framed charges under Sections 148, 395, 436, 307 and 149 of the IPC. The prosecution produced nine witnesses, including Joginder's sons, who had identified the accused during the trial.

 

Additional Sessions Judge (ASJ) Surinder S Rathi held that the convicts had to be given the maximum punishment for their acts of "mindless violence committed under the garb of emotional outburst." He further described the 1984 Sikh massacre as the "most unfortunate time" for the country after Independence and that "there can be no justification, verbose or otherwise, to validate such mayhem and pogrom." Slamming the state machinery for mishandling the situation and failing to protect the victims' families, ASJ said that history would never forgive police officials who were at the helm of the affairs and the government of the day for their unprecedented slothful and quiescent role. The contrived action and sluggish response of the police and the government led to the failure of saving the priceless lives. The Judge expressed apology to the brothers for the delay in justice and ordered that Rs. 18 lakh out of the penalty amount be given to the brothers as token compensation.

 

The brothers Jagmohan Singh and Gurinder Singh are today completely satisfied with the judgment, and further felt vindicated to find that although Justice to them was delayed, but wasn't denied. Setting a Justice precedent for others, they wanted their father, who passed away in 1990, to see the guilty being punished.

 

Expressing satisfaction and welcoming the judgment, attorney Gurpatwant S Pannun, legal advisor Sikhs For Justice, a US based human rights group that is advocating the cases of 84 Sikh Genocide with the help of All India Sikh Students Federation President Karnail Singh Peermohammad, appealed to the victims and witnesses of the massacre to come forward and raise their voice for justice. Mr. Pannun stated that although the judgment is a welcome development and shows that justice can still be hoped for, the victims and the Sikh community would feel that justice has been served only when the organizers of the genocide, the big politicians and powerful people like Jagdish Tytler, Sajjan Kumar, Kamal Nath, Amitabh Bachan would be punished by court.

 

Mr. Pannun stated that their organizations are preparing to file petitions before High Courts of all the states where Sikhs were killed in November 1984. The Petitions will request the respective high courts to order judicial inquiry into the killings of Sikhs and order filing of charges against those responsible for the killings. He further stated that if need arises, Sikhs for Justice will knock the door of Supreme Court of India. If justice would not be served in India, then Sikhs for Justice would take the issue of Sikh genocide before United Nations and various international forums.

 

Mr. Gurpatwant Singh Pannun reiterated that there is still hope for Justice and appealed to the witnesses and victims to come forward and testify against the culprits.

 
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When you start, you never stop. If you stop, you will never be able to start again.
 
Sajjad Ahmad
 
Freelance Writer & Researcher
Rawalpindi, Pakistan
 
 
 
 
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