Landmark judgement of Delhi High-court

Vidya Bhushan Rawat

Amidst the gloom and depression, there are some moments when people feel that justice is possible. The Delhi High Court Judgement on Sajjan Kumar case, for his involvement in the 1984 massacre of Sikhs is one of the finest judgement that any Judge has delivered. While the Sangh Parivar and its elements are using the judgement for political purpose, a complete reading of the judgement show that though they were dealing with the 1984 issues, they understood the importance of a law against mass murder or genocide. Justice Muralidhar, who has become synonymous with the human rights and dignity issues. His judgement in the last few years have become landmark and give us hope.

The judgement need to be read in entirety which has suggested that 1993 Mumbai riots, 2002 Gujarat massacre, along with anti Sikh pogrom in Delhi are the crime against humanity. Political parties should stop the nonsense of twisting the court verdict to suit them.
If the government and opposition can read this judgement in all fairness, it goes beyond merely suggesting Sajjan Kumar, the life sentence. It can be Sujjan Kumar here and a Maya Kodnanani, Babu Bajrangi there but none of the politicians have been convicted so far. Also, the judgement clearly indicate how the power used minorities as a tool.
If the governments are really honoring this judgement then let them work on anti communal violence bill or bring a law on mass killing or genocide. Will the Congress, the BJP and other parties would agree to bring a bill on this.
Justice Murlidhar and Justice Vinod Goel have given background of such violence making narrative from 1947. I think we need to read and reread their words carefully and now ask the government to bring a law which can be used against those who perpetuate crime against humanity.
Whether 1984 or 1993 or 2002 have one commonality. That the power leaders were behind it and the victims were the minorities. In 1984, they were Sikhs and rest of the time it were Muslims. We need to know that it is the majoritarianism and it is dangerous.
A country where killing in the name of cows are being encouraged and the shameless leaders do not bother about the people killed and instead investigate whether the victim was carrying the beef or killed cow.  The judgement is honoring the human rights of the people where a mob was encouraged to kill people who happened to be Sikhs. 1984 is a dark chapter in India’s history but so are other dark chapters and hence these should not be seen in isolation. They reflect the brutal power of Indian state and how it use the minorities to come back to power. Congress played the Hindu sentiments in 1984 and the Sanghis played in 1993 and 2002. At the end, it was the minorities who faced the crime.
India’s track record on violence against minorities and marginalised, is worst. It need protective measures. It need laws and fair investigation. It need to protect them and respect them. It cant consider them obstacles.
One more thing. Political parties must stop the patronage to the thugs and killers. Let us not make them heroes. Let us take a stand against this.
We know this is not the end. This judgement will be challenged in the Supreme Court. The finality of the case will happen if it is not challenge. The sad part is that those who are ‘rejoicing’ politically, are themselves responsible for killings of many and gave not only patronage and power to those whose name are clear in the mass murder. Let us hope Naroda Patia victims will also get a fair say now.
Kudos to the Sikhs and all those fighting these terribly difficult cases. Salute to their perseverance. Solidarity with families suffered in pain. We stand with you dear friends who fought and protected people during that period.
Justice Murlidhar and Justice Vinod Goel need our salute and compliment for a very fair judgement.
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