Crimes against humanity:Delhi HC compares 1984 anti-Sikh riots to Holocaust

The court said the life sentence awarded to the Congress leader would be for the "remainder of his life" and directed him to surrender by December 31.

The bench also said Kumar will not leave the city of Delhi from now till December 31.

PTI

In an illuminating judgement, the court borrowed a term first used in the Nuremberg trials and called the mass killings of Sikhs in Delhi and elsewhere in Nov 1984 ‘crimes against humanity’.

The judgement said: “The Court is of the view that the mass killings of Sikhs in Delhi and elsewhere in November 1984 were in fact 'crimes against humanity'. They will continue to shock the collective conscience of society for a long time to come.”

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For the uninitiated, the Nuremberg trials in 1945 and 1946 refer to military tribunals held by Allies against the surviving leaders of Hitler’s Third Reich who had participated in the Holocaust and a host of other atrocities.

 The trials were held in the city of Nuremberg in Germany and are considered a pivotal moment in international law.

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The Delhi High court also went on to mention several other instances where minorities were targeted including Mumbai 1993, Gujrat 2002, Odisha 2008 and Muzaffarnagar 2013.

It said: “Common to these mass crimes were targeting of minorities and attacks spearheaded by dominant political actors facilitated by law enforcement agencies.”  added: “’Decades pass by before perpetrators of crimes against humanity can be made answerable. Neither "crimes against humanity‟ nor "genocide‟ is part of our domestic law of crime. This loophole needs to be addressed urgently.”

Picture Source: Hardeep Singh Puri Twitter Handle

In the same case, the high court upheld the convictions and awarded varying sentences to former Congress councillor Balwan Khokhar, retired naval officer Captain Bhagmal, Girdhari Lal and former MLAs Mahender Yadav and Kishan Khokhar.

Picture Source: Hardeep Singh Puri Twitter Handle

They were also convicted for criminal conspiracy to burn down residences of Sikh families and a gurdwara in the area during the riots.

The court also directed them to surrender by December 31 and not leave the city before that.

With the direction, the bench dismissed the appeals of the five against their conviction and punishment awarded by the trial court.

Picture Source: Hardeep Singh Puri Twitter Handle

The trial court in May 2013, while acquitting Kumar, had awarded life term to Balwan Khokhar, Bhagmal and Lal, and a three-year jail term to Yadav and Kishan Khokhar.

Though the high court upheld Balwan Khokhar, Bhagmal and Lal life sentences, it extended the sentences of Yadav and Kishan Khokar to a 10-year jail term.

Picture Source: Hardeep Singh Puri Twitter Handle

The accused, who were acquitted of the charges, were asked as to why should the court not order reinvestigation and retrial against them as they faced allegations of "horrifying crimes against humanity". 

Picture Source: Hardeep Singh Puri Twitter Handle

HS Phoolka, AAP leader from Punjab who fought the battle for 30 years said: "It's a huge victory. This moment has come after 34 years. We are very happy."

Picture Source: Hardeep Singh Puri Twitter Handle

Union minister Harsimrat Kaur Badal Monday hailed the conviction of Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case, saying the verdict has given confidence that the law would soon catch other Congress leaders allegedly involved in the "genocide".

Picture Source: Hardeep Singh Puri Twitter Handle

Union Minister Hardeep Singh Puri, outside Parliament, welcomed the judgment and said that "justice has been delayed but served".

Picture Source: Hardeep Singh Puri Twitter Handle

Punjab Chief Minister Amarinder Singh Monday hailed the conviction of Congress leader Sajjan Kumar in a 1984 anti-riots case, describing it as a case of justice finally delivered to the victims of one of independent India's worst instances of communal violence.