Identifier
Created
Classification
Origin
10NEWDELHI132
2010-01-25 10:53:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy New Delhi
Cable title:
A SMALL STEP TOWARD ACCOUNTABILITY FOR THE 1984 ANTI-SIKH
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UNCLAS NEW DELHI 000132
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM IN
SUBJECT: A SMALL STEP TOWARD ACCOUNTABILITY FOR THE 1984 ANTI-SIKH
RIOTS
UNCLAS NEW DELHI 000132
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM IN
SUBJECT: A SMALL STEP TOWARD ACCOUNTABILITY FOR THE 1984 ANTI-SIKH
RIOTS
1. (SBU) SUMMARY: The Central Bureau of Investigation (CBI) filed
two chargesheets January 13 against senior Congress Party leader
Sajjan Kumar for making provocative speeches and inciting mobs in
the 1984 anti-Sikh riots in Delhi. While a positive step toward
accountability and a possible attempt by the ruling Congress Party
to address the past, the latest development is likely to be viewed
as too little too late by most members of the Sikh community. END
SUMMARY.
A LONG JOURNEY
--------------
2. (U) On January 13, the Central Bureau of Investigation (CBI)
filed two new chargesheets against Sajjan Kumar, a senior Congress
Party leader and former Member of Parliament, in two cases related
to the 1984 anti-Sikh riots in New Delhi. (Note: The riots erupted
in the capital after the assassination of former Prime Minister
Indira Gandhi by two of her Sikh bodyguards, and over 3000 Sikhs
lost their lives. End Note.) The CBI charged Kumar with making
provocative speeches and instigating a mob of 300 people on November
1, 1984 to kill members of the Sikh community in west Delhi and
destroy their properties. The charge sheet alleges that the mob's
actions caused the deaths of 12 persons and the destruction and
looting of much property.
3. (U) In December 1994, the CBI had filed charges against Kumar and
12 others for the murder of a Sikh man. A trial court acquitted
Kumar and the others in this case in 2002 due to the lack of
evidence. However, the CBI appealed the verdict in 2003 to the
Delhi High Court, arguing that the lower court did not adequately
consider the statements of prosecution witnesses. In March 2007,
the Delhi High Court admitted the CBI's appeal.
4. (U) The Nanavati Commission, established by the GOI to
investigate the anti-Sikh riots, had recommended registration of
three cases against Kumar in 2005. After finishing its examination
of the commission's report, the CBI filed chargesheets in two cases
and recommended closure of the third case for lack of sufficient
evidence. The court set January 18 for taking judicial action on
the chargesheets, but the hearing has been postponed until February
1 since the CBI failed to file the required annexes along with the
chargesheets.
"TOO LITTLE, TOO LATE"
--------------
5. (U) Ravi Nair, Director of the South Asia Human Rights
Documentation Center and prominent human rights expert asserted,
"it's too little and too late." He stressed that these cases will
remain in judicial limbo for another twenty years and predicted that
the cases will never see the light of day. Nair believed Kumar was
clearly responsible for the violence directed at the Sikhs, adding
that the CBI attempted to arrest Kumar 15 years ago, but the police
fudged the reports. H.S. Phoolka, a lawyer who has represented riot
victims, agreed that though this is a serious and strong case with
evidence, he believes the CBI is not really serious about fully
prosecuting the case.
COMMENT: POLITICALLY MOTIVATED?
--------------
6. (SBU) The CBI filing is the latest effort to bring Sajjan Kumar,
a well known face, to justice and demonstrate the party's sincerity
in bringing closure to this painful episode of Indian history.
While this may reflect the determination of the Congress Party and
Prime Minister Manmohan Singh to bring the perpetrators on the 1984
Sikh riots to justice, minimal press attention devoted to the CBI's
charge sheets reflect the public's cynicism. Whatever the
intentions, this action has earned little, if any, political capital
for the UPA government. In the past, PM Singh has publicly
apologized to the Sikh community and ensured substantial
compensation payments to victims and their families. While this
filing is a positive move toward accountability, the latest
development is unlikely to assuage the grief felt by most Sikhs
about the lack of accountability for the 1984 violence.
ROEMER
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM KDEM IN
SUBJECT: A SMALL STEP TOWARD ACCOUNTABILITY FOR THE 1984 ANTI-SIKH
RIOTS
1. (SBU) SUMMARY: The Central Bureau of Investigation (CBI) filed
two chargesheets January 13 against senior Congress Party leader
Sajjan Kumar for making provocative speeches and inciting mobs in
the 1984 anti-Sikh riots in Delhi. While a positive step toward
accountability and a possible attempt by the ruling Congress Party
to address the past, the latest development is likely to be viewed
as too little too late by most members of the Sikh community. END
SUMMARY.
A LONG JOURNEY
--------------
2. (U) On January 13, the Central Bureau of Investigation (CBI)
filed two new chargesheets against Sajjan Kumar, a senior Congress
Party leader and former Member of Parliament, in two cases related
to the 1984 anti-Sikh riots in New Delhi. (Note: The riots erupted
in the capital after the assassination of former Prime Minister
Indira Gandhi by two of her Sikh bodyguards, and over 3000 Sikhs
lost their lives. End Note.) The CBI charged Kumar with making
provocative speeches and instigating a mob of 300 people on November
1, 1984 to kill members of the Sikh community in west Delhi and
destroy their properties. The charge sheet alleges that the mob's
actions caused the deaths of 12 persons and the destruction and
looting of much property.
3. (U) In December 1994, the CBI had filed charges against Kumar and
12 others for the murder of a Sikh man. A trial court acquitted
Kumar and the others in this case in 2002 due to the lack of
evidence. However, the CBI appealed the verdict in 2003 to the
Delhi High Court, arguing that the lower court did not adequately
consider the statements of prosecution witnesses. In March 2007,
the Delhi High Court admitted the CBI's appeal.
4. (U) The Nanavati Commission, established by the GOI to
investigate the anti-Sikh riots, had recommended registration of
three cases against Kumar in 2005. After finishing its examination
of the commission's report, the CBI filed chargesheets in two cases
and recommended closure of the third case for lack of sufficient
evidence. The court set January 18 for taking judicial action on
the chargesheets, but the hearing has been postponed until February
1 since the CBI failed to file the required annexes along with the
chargesheets.
"TOO LITTLE, TOO LATE"
--------------
5. (U) Ravi Nair, Director of the South Asia Human Rights
Documentation Center and prominent human rights expert asserted,
"it's too little and too late." He stressed that these cases will
remain in judicial limbo for another twenty years and predicted that
the cases will never see the light of day. Nair believed Kumar was
clearly responsible for the violence directed at the Sikhs, adding
that the CBI attempted to arrest Kumar 15 years ago, but the police
fudged the reports. H.S. Phoolka, a lawyer who has represented riot
victims, agreed that though this is a serious and strong case with
evidence, he believes the CBI is not really serious about fully
prosecuting the case.
COMMENT: POLITICALLY MOTIVATED?
--------------
6. (SBU) The CBI filing is the latest effort to bring Sajjan Kumar,
a well known face, to justice and demonstrate the party's sincerity
in bringing closure to this painful episode of Indian history.
While this may reflect the determination of the Congress Party and
Prime Minister Manmohan Singh to bring the perpetrators on the 1984
Sikh riots to justice, minimal press attention devoted to the CBI's
charge sheets reflect the public's cynicism. Whatever the
intentions, this action has earned little, if any, political capital
for the UPA government. In the past, PM Singh has publicly
apologized to the Sikh community and ensured substantial
compensation payments to victims and their families. While this
filing is a positive move toward accountability, the latest
development is unlikely to assuage the grief felt by most Sikhs
about the lack of accountability for the 1984 violence.
ROEMER