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1984 Trial of four cops sought in 1984 genocide case for destruction of proof

Discussion in 'History of Sikhism' started by aristotle, Feb 1, 2014.

  1. aristotle

    aristotle
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    NEW DELHI: In a development that can mean more trouble for Delhi Police in the 1984 anti-Sikh riots cases, the prosecution has moved a sessions court seeking trial of four police officers, including the then ACP, for destroying in 1992 records and files of a Nangloi case.

    The application was moved recently by special public prosecutor B S Joon before additional sessions judge Kamini Lau, who is hearing the case registered in 1991 with regard to the killing of four persons.

    The allegation will also impact the fate of another FIR (no.67/87) in a riots case related to the killing of five persons and allegedly involving senior Congress leader Sajjan Kumar. The present case was registered in 1991 and was clubbed with another FIR registered in 1987, which had named Kumar as an accused. However, the chargesheet in the 1987 FIR had gone "missing" for 18 years after it was clubbed with the 1991 FIR (in which Kumar didn't figure as an accused). It was only in 2010 that a court separated the two, clearing the way for filing of a fresh document. Sources claimed the record of the 1987 FIR naming Kumar could also have been destroyed.

    The plea for framing of charges against the cops will be decided on Saturday. In an application on January 21, Joon said the "evidence on record is sufficient to frame charges against the accused, namely then SHO of Nangloi police station, inspector Ram Pal Singh Rana, then SI Dalel Singh, then ACP Amarender Kumar Singh and then SHO R S Dahiya for destroying records relating to the 1984 riots in PS Nangloi, deliberately to save the accused in this case despite registration of the present FIR on August 28, 1991".

    The prosecution has relied on the statement of a prosecution witness, who has claimed "the record of the riots was destroyed on February 5, 1992 by the then SHO and ACP". "That the letter dated August 26, 1991, is specific to the effect that DCP (West) had sought intimation, within 15 days, as to whether the record was required for any purpose, but the accused and aforesaid persons without giving any intimation to DCP (West), destroyed the record on February 5, 1992 ..." the plea stated. The prosecution wants charges of hatching a criminal conspiracy to destroy proof (Section 201 read with Section 120B IPC).

    (Source: http://timesofindia.indiatimes.com/...t-in-1984-riots-case/articleshow/29685693.cms)
     
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  3. Brother Onam

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    Am I the only one who feels 'genocide' is rather too strong a word to use for 1984? Horrible persecutions, massacres and gang murders, yes, but to me the word 'genocide' is specifically a systematic campaign to exterminate a people from existence, and I'm not sure this is really what has happened to the Sikh community, especially when compared to the more classic historic examples of actual cases of racial groups experience of being totally or almost totally wiped out.
     
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  4. AngloSikhPeace

    AngloSikhPeace United Kingdom
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    The UN definition describes genocide as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group". So whilst 'in whole' is probably not true, there could be a case for 'in part'.

    It seems that the Congress leadership intended to punish the Sikhs, rather than destroy them totally, otherwise Rajiv wouldn't have called off the mobs on the third day. However, the rioters themselves were clearly bent on systematically exterminating Sikhs as a whole. In fact there are genocidal undertones to the whole action against the Sikhs from June onwards, for example the media celebrating the destruction of 'foreign' Sikh architecture in Blue Star, the praise given for the operation by the Hindu right, and the infamous army bulletin ordering soldiers to round up Amritdhari Sikhs as they were 'basically committed to terrorism'.


    This being said, I don't think the 1984 genocide will ever be recognised as that formally, at least not unless India begins using that word. In the early 20th century, Turkey committed a massive holocaust against Armenians, subjecting millions of them to death camps, enslavement, forced prostitution, crucifixion and every other horror under the sun. This isn't recognised as genocide by most governments. Neither are the slaughters of hundreds of thousands in west Papua and Chechnya. The G-word is taboo, because countries are compelled to act against genocide, and in many cases this goes against their interests. Hence why genocides seem to only be called that in weak, poor countries (like Africa or the Balkans), in states that are already enemies of the west (Burma), or when many decades have passed since the events (Bangladesh).
     
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  5. Brother Onam

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    AngloSikhPeace,
    Thank you for the well-reasoned and informed response.
    :redturban:
     
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  6. spnadmin

    spnadmin United States
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    Update on this story. Further legal issues explored.



    Proof destruction: Trial of four cops sought in 1984 riots case

    Smriti Singh

    http://articles.timesofindia.indiat...1_sajjan-kumar-1984-anti-sikh-riots-cases-fir
    NEW DELHI: In a development that can mean more trouble for Delhi Police in the 1984 anti-Sikh riots cases, the prosecution has moved a sessions court seeking trial of four police officers, including the then ACP, for destroying in 1992 records and files of a Nangloi case.

    The application was moved recently by special public prosecutor B S Joon before additional sessions judge Kamini Lau, who is hearing the case registered in 1991 with regard to the killing of four persons.

    The allegation will also impact the fate of another FIR (no.67/87) in a riots case related to the killing of five persons and allegedly involving senior Congress leader Sajjan Kumar. The present case was registered in 1991 and was clubbed with another FIR registered in 1987, which had named Kumar as an accused. However, the chargesheet in the 1987 FIR had gone "missing" for 18 years after it was clubbed with the 1991 FIR (in which Kumar didn't figure as an accused). It was only in 2010 that a court separated the two, clearing the way for filing of a fresh document. Sources claimed the record of the 1987 FIR naming Kumar could also have been destroyed.

    The plea for framing of charges against the cops will be decided on Saturday. In an application on January 21, Joon said the "evidence on record is sufficient to frame charges against the accused, namely then SHO of Nangloi police station, inspector Ram Pal Singh Rana, then SI Dalel Singh, then ACP Amarender Kumar Singh and then SHO R S Dahiya for destroying records relating to the 1984 riots in PS Nangloi, deliberately to save the accused in this case despite registration of the present FIR on August 28, 1991".

    The prosecution has relied on the statement of a prosecution witness, who has claimed "the record of the riots was destroyed on February 5, 1992 by the then SHO and ACP". "That the letter dated August 26, 1991, is specific to the effect that DCP (West) had sought intimation, within 15 days, as to whether the record was required for any purpose, but the accused and aforesaid persons without giving any intimation to DCP (West), destroyed the record on February 5, 1992 ..." the plea stated. The prosecution wants charges of hatching a criminal conspiracy to destroy proof (Section 201 read with Section 120B IPC).
     

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