The Nanavati Commission Report indicates that a total of 587 FIRs were filed in Delhi concerning the 1984 riots, during which 2,733 people lost their lives. Out of these, approximately 240 cases were closed by the police as “untraced,” while around 250 cases ended in acquittals.
NEW DELHI: Following the assassination of former Prime Minister Indira Gandhi by her bodyguards in 1984, Delhi experienced widespread violence and killings targeting the Sikh community. Forty years later, the cases arising from this incident have seen significant developments.
According to those leading the legal battle for the victims and their families, although there have been important milestones such as the reopening of cases and the prosecution of influential politicians—the path to justice remains challenging.
The Nanavati Commission Report indicates that a total of 587 FIRs were filed in Delhi concerning the 1984 riots, during which 2,733 people lost their lives. Out of these, approximately 240 cases were closed by the police as “untraced,” while around 250 cases ended in acquittals.
It wasn’t until May 2023 that the central investigative agency, the CBI, submitted a chargesheet against Congress leader Jagdish Tytler, accusing him of involvement in the killings of three individuals on November 1, 1984.
The CBI claimed that Tytler “incited, instigated, and provoked the mob gathered at Pul Bangash Gurdwara in the Azad Market area of the national capital on November 1, 1984.” This incident led to the destruction of the gurdwara and the deaths of Thakur Singh, Badal Singh, and Guru Charan Singh.
Recent Developments Overview:
- Total Cases Registered in Delhi: 587
- Total Casualties: 2,733
- Cases Closed: 240
- Total Convictions: 27
- Total Acquittals: 250
- Pending Cases: 20
Senior Advocate H.S. Phoolka has been representing the victims of the 1984 anti-Sikh riots in multiple cases over the years. He notes that the case against Tytler is unique in Indian history, having been reopened after three successive closure reports in 2007, 2009, and 2014, which initially cleared him of wrongdoing.
The court rejected these closure reports and, in September 2024, ordered the framing of charges for murder and other offenses in Tytler’s case. However, Tytler is set to challenge these charges in an appeal scheduled before the Delhi High Court on November 29.
Out of the 587 FIRs, 27 cases resulted in 400 convictions, with around 50 individuals convicted for murder, including former Congress leader Sajjan Kumar. Kumar, who was a prominent Congress figure and MP at the time, was implicated in the murders of five individuals in Delhi’s Palam Colony during the riots on November 1 and 2, 1984.
The Delhi High Court sentenced him to life imprisonment, and his appeal against the sentence is currently pending before the Supreme Court. He also faces two other appeals regarding his acquittal in two separate cases by trial courts.
Kumar is involved in three ongoing cases, including one related to violence near a gurudwara in Gulab Bagh, Nawada, where he is an undertrial. Recently, a trial court concluded final arguments against him concerning the deaths of Jaswant Singh and his son Tarundeep Singh in the Saraswati Vihar area of Delhi on November 1, 1984.
In an unprecedented case, a trial court judge delivered a death penalty verdict inside Tihar Jail in 2018 for the killings of two men during the riots, marking the first conviction following the establishment of a Special Investigation Team in 2015.
Additionally, trials related to the 1984 riots in the Janakpuri and Vikaspuri areas of Delhi are currently ongoing, contributing to the 20 cases still pending in various courts.
Following the 1984 violence, Muslims became the primary targets of Hindu majoritarian politics, especially during the Ayodhya agitation.
While various parts of India experienced violent communal conflicts after the Babri Masjid was demolished, it wasn’t until the 2002 Gujarat riots that the state’s role in inciting violence against Muslims became alarmingly evident, even though they had no involvement in the Godhra incident.
Similarly, the partiality of law enforcement was clear during the 2020 Delhi riots, where police were seen beating Muslim youth and coercing them into singing the national anthem and “Vande Mataram.”
In both the 2002 Gujarat violence and the 2020 Delhi riots, the involvement of civil society was minimal and certainly not comparable to the response in 1984.
This trend suggests that majoritarianism has become more accepted in the years since, making it increasingly challenging to advocate for the “other” or address their situations in India.
Notably, when criticisms of the Gujarat government and its then Chief Minister, Narendra Modi, increased due to their alleged complicity in the riots, supporters often referenced the anti-Sikh pogrom as justification. They argued that the Congress-led government in 1984 exhibited partiality, which rendered the actions of the Gujarat state in 2002 “justified.”
The implication was that the lack of accountability for those deemed responsible for the 1984 violence meant that the campaigns against those responsible for the 2002 riots were partisan and fueled by Hinduphobia.
However, there was a significant distinction between the responses of the Congress-led state and the Modi administration. The Congress in 1984 did not take prompt action to assist Sikh refugees in returning to their damaged homes, while the Modi government in 2002 dismantled state-run refugee camps established for those affected by the riots.
Moreover, the approach of the Gujarat government was so extreme that civil society felt unable to intervene for fear of repercussions. The Modi administration not only discouraged investigations into various violent incidents but Modi himself disparaged the media and the public.
In a notorious election speech in Gujarat, he derided relief camps as “baby-producing factories,” perpetuating a narrative from the RSS that claimed Muslim fertility rates were higher than Hindu rates due to an alleged Islamic scheme to alter India’s demographic balance.
In the cases of the 2002 Gujarat riots and the Delhi riots in 2020, any attempt to support the victims or advocate for them was deemed anti-national.
In contrast, the citizen-led efforts during the 1984 violence were characterized not only by relief and rehabilitation initiatives led by those associated with Nagrik Ekta Manch.
Following this, numerous other publications emerged, maintaining pressure on both the government and the judiciary.
In the upcoming weeks and months, many especially from the government and the Bharatiya Janata Party will likely reference the horrific events of 1984.
