SIT to Reopen Seven 1984 Anti-Sikh Riot Cases

After the notification became public, Delhi MLA Manjinder Singh Sirsa said senior Congress leader and Madhya Pradesh Chief Minister Kamal Nath had allegedly given shelter to five people who were accused in one of the seven cases.

New Delhi: A Special Investigation Team (SIT), set up by the Union Home Ministry, has decided to reopen seven anti-Sikh riot cases, where the accused were either acquitted or the trial closed, according to an official notification.

After the notification became public, Delhi MLA Manjinder Singh Sirsa said senior Congress leader and Madhya Pradesh Chief Minister Kamal Nath had allegedly given shelter to five people who were accused in one of the seven cases.

“Nath was never named in the FIR registered in New Delhi’s Parliament Street police station. Five persons named as accused in the case (FIR No. 601/84) were accommodated in Nath’s residence. All these accused were discharged due to lack of evidence.

“Since the SIT will reinvestigate this case also, two witnesses will appear before the SIT where they will tell about Kamal Nath’s role in the riots,” Sirsa told PTI.

The witnesses were Sanjay Suri, who now lives in England, and Mukhtiyar Singh, who is now in Patna, he said.

“I have spoken to both of the witnesses and they are ready to appear before the SIT to record their statements,” Sirsa said.

The case is related to a mob of rioters storming the Gurdwara Rakab Ganj Sahib here.

Nath had previously denied the charges.

According to the Home Ministry notification, the SIT has taken up the discharged cases for scrutiny or preliminary enquiry.

The seven anti-Sikh riot cases were registered in 1984 at police stations in Vasant Vihar, Sun Light Colony, Kalyanpuri, Parliament Street, Connaught Place, Patel Nagar and Shahdara.

The SIT has issued public notices asking individuals and organisations to provide information related to the seven cases.

“This is to inform to all individuals, groups of persons, associations, institutions and organisations that if they have any information in respect of any of the cases, they may contact the officer in-charge of SIT police station,” the SIT said.

Sirsa claimed that Kamal Nath’s name was never included in the FIR nor was he investigated by the police.

The SIT was set up on February 12, 2015 following a recommendation by the Home Ministry-appointed Justice (retd) G P Mathur committee.

The three-member SIT comprises two Inspector General-rank IPS officers and a judicial officer.

The SIT has so far re-opened around 80 out of the 650 cases registered in connection with anti-Sikh riots following the assassination of the then Prime Minister Indira Gandhi. Gandhi was shot dead by her Sikh bodyguards on October 31, 1984.

A total of 3,325 people were killed in the riots in which Delhi alone accounted for 2,733 deaths, while the rest occurred in Uttar Pradesh, Haryana, Madhya Pradesh, Maharashtra and other states.

The Delhi Police had closed 241 cases citing lack of evidence. Justice Nanavati Commission had recommended reopening of only four of them but the Modi government constituted the SIT for re-investigation of all cases which the probe team finds appropriate.

The CBI had reopened and re-investigated only four cases. In two of them, the probe agency had filed a charge sheet and in one, five persons, including a former MLA, were convicted.

Last year, Congress leader Sajjan Kumar was sentenced to life for his role in the anti-Sikh riots.

On December 10, 2014, the Narendra Modi government had announced an additional compensation of Rs five lakh to the kin of each of those killed in the 1984 riots.

In May, 2016, the Home Ministry had announced that 1,020 families, which had been hit by the riots and migrated to Punjab from different parts of the country, will be given Rs two lakh each as part of a centrally-sponsored rehabilitation scheme.

Why Don’t We Hold Our Leaders to a Higher Standard of Morality?

There is a lack of moral indignation in India. We are triggered if political leaders fake their education degrees or display ignorance in matters of technology, but condone their participation in some of the worst massacres in modern India.

A teacher once gave me a good piece of advice: If you want to criticise something effectively, use a razor blade, not a butter knife.

As the general elections were drawing to a close, netizens suddenly rolled up their sleeves to criticise the BJP and Narendra Modi for a string of issues. From serious ones – such as the Election Commission’s suspicious concessions for the ruling government – to quibbles about the kind of questions the PM was asked in his seemingly scripted interviews.

Criticism limited to the ex-post performance of elected leaders is pointless if it does not question the moral legitimacy of their candidature: first and foremost, on what ethical grounds is a candidate eligible to contest an election?

Narendra Modi’s career as a politician should have been cut short way back in 2002 when he failed to take accountability for any security lapses in Godhra leading to the death of 59 Hindu karsevaks as well as the orchestrated attacks on thousands of Muslims later in the state.

Critiquing the Election Commission for lapses in its autonomy is irrelevant if we, as a society, turn a blind eye to significantly worse moral and legal violations from our chosen leadership. In fact, we might have done well to have learnt our lesson much earlier, in 1984 itself. The Congress and its leaders ought to have been rejected, on the basis of moral accountability, for failing to protect their Sikh citizens. But that was not the case.

Also read: The Right Wing and the Myth of Selective Outrage

No politician in India has ever stepped down over the killings of its citizens, in targeted mass violence, on his or her own volition. If L.K. Advani had offered to resign, it was in the Jain Hawala case and not when the Liberhan Commission Report indicted him for complicity in the Babri Mosque demolition that triggered Hindu-Muslim violence across the country. If Sonia Gandhi offered to resign, it was over the office of profit controversy in 2006, and not her party’s alleged collusion in the murder of 3,000 Sikhs in Delhi in 1984.

Human lives as means to an end

The 19th-century philosopher Immanuel Kant held it to be morally wrong for human beings to be treated merely as the means rather than an end in themselves. Political leadership in India has almost always functioned as the antithesis of Kantian ethics. But more worrying is the instrumentality that we, the voters, adopt in our evaluation of candidates for the electoral process.

Did he or would he provide jobs? Did she or would she build roads? Agreed, in a patronage democracy like India’s these are critical concerns for one’s daily survival. However, the idea of fairness, and giving equal respect to every individual, is much more crucial to the democratic process.

As voters we criticise parties and demand moral responsibility only when we are short-changed in the provision of material goods but choose not to question their moral legitimacy when they normalise violence against fellow citizens. If politicians do not resign over the killings of people it is also because there is little outrage among fellow citizens over deliberate murders than there is over corruption and accidents.

Narendra Modi, A.B. Vajpayee and L.K. Advani. Credit: PTI/Files

Narendra Modi, A.B. Vajpayee and L.K. Advani. Credit: PTI/Files

It is well known that in the middle of mass violence in Gujarat in 2002, the former prime minister A.B. Vajpayee had reminded Modi of his raj dharma or the moral accountability of a leader. Once Advani threatened to resign, Vajpayee withheld his decision to sack Modi.

Also read: ‘Blame It on the Mob’ – How Governments Shun the Responsibility of Judicial Redress

Sure, Vajpayee did not follow up on what was his own raj dharma, but neither did the voters of India. The absence of moral outrage among citizens for allowing an elected politician to continue in office despite presiding over some of the worst massacres in modern India – and continuing to accept his candidature in subsequent elections – is extremely disturbing.

Selective outrage

If we see it morally fit to let elected leaders, who shrug off mass killings and selective violence against specific groups of people as uncontainable one-off episodes and to continue participating in the democratic process, it is worth asking what the threshold of our moral indignation is.

Alas, it seems that the threshold is very high in matters of intrinsic value. We are triggered if political leaders fake their education degrees or display ignorance in technological matters, but condone them when they utilise human life as an instrument to advance their political careers.

It is common knowledge that mass violence (or “riots”) in India are implicitly orchestrated by politicians for electoral gain. Yet, victims of violence have no option but to settle for an apology from the said politicians, as the Sikhs did with the Congress. Or to settle with nothing at all, as did many victims of violence in Gujarat and Nellie and Muzaffarnagar and, indeed, of the cow protection vigilantes.

Also read: In the Republic of Lynchings, There Is No Us and Them

If at all there is a debate in civil society, it is relegated to arguing about which political party is responsible for a greater quantum of killings. In the endless whataboutery, moral accountability as a criterion for candidature is completely ignored. If ruling politicians are credited for all the good things that happen under their regime, why not discredit them for the bad?

Raheel Dhattiwala is a sociologist trained at Oxford University and author of Keeping the Peace: Spatial Differences in Hindu-Muslim Violence in Gujarat in 2002 (Cambridge University Press).