A SMALL STEP TOWARD ACCOUNTABILITY FOR THE 1984 ANTI-SIKH

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