The first death sentence in 1984 anti-Sikh riots case was awarded today (Tuesday, November 20) by the Delhi Patiala House Court which also handed life imprisonment to another convict.
The court awarded death penalty to Yashpal Singh who was convicted in the case on November 15 along with Naresh Sherawat who was sent to jail for life for their role in anti-Sikh riots of 1984. They have also been fined Rs. 35 lakh each.
The verdict was pronounced in Tihar Jail due to security concerns as the convicts were previously attacked on the premises of the Delhi court during the hearing of the case on November 15.
This was the first conviction in five of the eight cases that were reopened and investigated by a Special Investigation Team (SIT), which was constituted in 2015. The investigation into three cases involving Congress leader Sajjan Kumar are still pending.
Singh and Sherawat were convicted on November 15 for killing two Sikh youths in Delhi’s Mahipalpur area in the violence that erupted after the assassination of former Prime Minister Indira Gandhi.
Both accused were also convicted of dacoity, attempt to murder and other serious charges for they attacked the victims with a common intention and burnt their business establishments.
It was an eyewitness testimony that proved crucial in the conviction of the duo accused of killing two Sikh men during the 1984 riots in the national capital.
Additional Sessions Judge Ajay Pandey held Sherawat and Singh guilty of killing Hardev Singh and Avtar Singh during the riots, and said that “victims of mass genocide” cannot be left in “the lurch”.
The case was lodged against the duo on the basis of a complaint filed by Santokh Singh, the brother of Hardev Singh. Court records reveal that a mob of 500 people, including the two accused, allegedly burnt shops and looted the area.
After the incident, a case was registered at Mehrauli police station in 1984. Following an investigation, a chargesheet was filed against one of the accused, who was acquitted in 1986.
Later, when the Justice Ranganath Mishra Commission was constituted, a “first informant”, Santokh Singh, filed an affidavit stating that 500 people looted shops in Mahipalpur in 1984. Based on his affidavit, another FIR was registered in 1993, and an ACP-rank officer filed an “untrace report” in court. The Metropolitan Magistrate, however, had said, “Police were at liberty to file challan as and when accused persons were arrested.”
In 2017, the chargesheet in the case was filed by a Special Investigation Team, constituted in 2015 to re-investigate “serious criminal cases” filed in Delhi after the anti-Sikh riots, which had been closed.
During arguments in this case, the defence counsel had said that registration of two FIRs for the same incident was illegal. The court said: “This case involves extraordinary circumstances justifying the registration of the second FIR.”
The defence had also pointed out that the witnesses were examined after 33 years and none of the accused persons were named correctly by them. The court, however, said that this was “immaterial” and recounted one instance involving the witness Sangat Singh, whose brother Hardev Singh was murdered.