zindaa hae,

Zindaa hone per sharminda hae!

Human beings are still alive;

They are ashamed to be alive!

[Renowned cultural-political-human rights activist of Pakistan, Shahid Nadeem’s Urdu couplet on the silence of the civil society on attacks on minorities in Pakistan. He received forty lashes for writing and singing these lines by the Zia regime in Pakistan. It would be no different in present day India ruled by RSS-BJP.]

For almost all of the past three decades, on every anniversary of the horrific 1984 massacre of Sikhs in India, this author has been reminding the nation of how the Indian State and judiciary did not bother to punish the perpetrators of this horrendous mass killing of innocents of the second largest religious minority of our country. On every anniversary the author had hoped that thereafter justice would be done and he would not have to write the painful story once again as a reminder. This has not happened this year 2024 either. The saga of the criminal betrayal by the Indian Republic has no end and the author along with victims continues to cry before a deaf and dumb Indian State. Shockingly, on the 40^th anniversary of the genocide of Sikhs, the Indian State has even stopped making the claim that it continues to strive to get justice for the victims, like in the past!

What is the status of justice delivery for 2,700 Sikhs[1] massacred in Delhi? Renowned advocate H S Phoolka, who battled along with victims, puts it succinctly:

“The number of commissions and committees set up to probe the murders… is more than the number of convictions…One such commission was the G T Nanavati Commission, set up in 2005 by the Atal Bihari Vajpayee-led NDA government. According to its report, 587 FIRs were registered in Delhi in relation to the riots. While 241 of these have been filed as untraced, 253 ended in acquittal. Of the remaining, 40 FIRs are pending trial and one is pending investigation. Eleven FIRs have been quashed, and in 11 other FIRs, the accused have been discharged. Three cases have been withdrawn. To date, just 27 cases have ended in convictions. Of these, just 12 are convictions in murder cases.”

‘Anti-Sikh riots: Four decades on, just 12 murder cases have ended in conviction’, The Indian Express, Delhi, October 31, 2024.

https://indianexpress.com/article/cities/delhi/anti-sikh-riots-four-decades-on-just-12-murder-cases-have-ended-in-conviction-9646833/

Two kinds of justice

Whenever the country witnesses large-scale violence against the minorities and Dalits, the search for perpetrators continues endlessly and the criminals are rarely identified or punished. Major incidents of violence against minorities like Nellie massacre (1983), Sikh massacre (1984), Hashimpura custodial massacre of Muslim youth (1987), pre/post- Ayodhya mosque demolition violence against Muslims (1990-92), Gujarat carnage (2002) and Kandhmal cleansing of Christians (2008) and continuing blood-bath of Kuki Tribals (who are mostly Christians) in Manipur  are testimony to this reality.

When the victims are Dalits or minorities no such urgency is shown. In such cases the Indian State is fond of playing the commission-commission game. Enquiry Commissions after commissions would be constituted to see that the heinous crimes disappear from the public memory. The horrendous massacre of Sikhs in different parts of India in 1984 is a living testimony of this attitude of the Indian justice system with the motto in Sanskrit: ‘Yato Dharma Tato Jaya’ [Where there is righteousness and dharma, there is victory]. The higher Judiciary must explain what it means by Dharma. Does it include religions of minorities and right of Dalits also?

The scenario for anti-Dalit violence is no different. The major incidents of persecution and massacre of Dalits; 1968 Kilvenmani massacre, 1997 Melavalavu massacre, 2013 Marakkanam anti-Dalit violence, 2012 Dharmapuri anti- Dalit violence (all in Tamil Nadu), 1985 Karamchedu massacre, 1991 Tsundur massacre (all in AP), 1996 Bathani Tola Massacre, 1997 Laxmanpur Bathe massacre (all in Bihar), 1997 Ramabai killings, Mumbai, 2006 Khairlanji massacre, 2014 Javkheda Hatyakand, (all in Maharashtra), 2000 Caste persecution in (Karnataka), 5 Dalits beaten/burnt to death for skinning a dead cow 2006, 2011 killings of Dalits in Mirchpur (all in Haryana), 2015 anti-Dalit violence in Dangawas (Rajasthan) are some of the thousands of incidents of the Dalit persecution. In almost all these cases perpetrators are yet to be identified. Even if identified the prosecution rate has never exceeded 20%.

On the other hand, in the reverse, in cases where Dalit, working class and minority ‘perpetrators’ of violence are efficiently put on trial by constituting special investigation teams and punished by fast track courts. In order to meet the end of ‘justice’, ‘national security’ and ‘wish of the society’ they are hanged and jailed. The over-all reality is that whenever victims are minorities, working class and Dalits the State and judiciary go into coma.

Betrayal by governments until 2014

After giving free run to the killer gangs, the government appointed one man Marwah Commission to find out the perpetrators of the 1984 ‘riots’. As this exercise was proving inconvenient, it was asked to disband itself within short period of its existence and a sitting Supreme Court Judge Ranganath Mishra was asked to conduct inquiry into 1984 ‘riots’ who submitted his report in 1987. Shockingly, this fact finding (or fact-hiding) commission headed by Misra observed that

“riots which had a spontaneous origin later attained a channelized method at the hands of gangsters”.

The full-fledged massacre was reduced to ‘riots’ as if Sikhs equally participated in the violence. This was a brazen manipulation. The ‘apostle of justice’, Mishra, champion of the theory of spontaneity was not, naturally, able to find out from where these gangsters came! According to Jarnail Singh author of the book I Accuse: The Anti-Sikh Violence of 1984 for this service to the State he was awarded a seat in the Rajya Sabha.

Over the next two decades, not less than nine commissions of inquiry were instituted. For the Indian State it became a routine to announce constitution of some new commission or some more compensation to the families of victims in order to deflect the mounting anger at the times of elections. Highlighting the anti-minority bias of such commissions, H. S. Phoolka, a renowned lawyer, commented that instead of getting convicted many of the political perpetrators get promoted to seats of power!

In the latest development Supreme Court of India on August 16, 2017 ordered the constitution of a panel comprising two of its former judges to examine the justification for closing 241 anti-Sikh riot cases probed by SIT in next 3 months; these three months are yet to be over!

Betrayal by the RSS-BJP regime

The RSS always claims to have always stood for Hindu-Sikh unity. It occasionally expresses its gratitude to Sikhism for “saving Hinduism from the Muslim aggression”. It may not be irrelevant to note here that RSS does not treat Sikhism as an independent religion, which discarded Casteism and Brahmanical hegemony, but part of Hinduism. The RSS/BJP leaders have blamed the Congress for anti-Sikh violence Modi while addressing a public rally during last parliamentary elections at Jhansi, UP (October 25, 2013) asked Congress leaders to explain who “killed thousands of Sikhs in 1984” and “has anyone been convicted for the Sikh genocide so far”. Modi during Punjab elections and 2014 general elections kept on referring to ‘qatl-e-aam’ or genocide of Sikhs.Modi after becoming PM in a message (October 31, 2014) said that anti-Sikh riots in the aftermath of Indira Gandhi’s assassination were like a,

“dagger that pierced through India’s chest…Our own people were murdered, the attack was not on a particular community but on the entire nation.”

Hindutva icon, RSS whole-timer and PM Modi lamented the fact that culprits were yet to be booked and tried for this massacre. However, Modi did not tell the nation what NDA governments which ruled this country from 1998 to 2004 did to persecute the culprits. Modi also forgot to share the fact that as per the autobiography of LK Advani (page 430); it was his Party which forced Indira Gandhi to go for army action infamously named as Operation Blue Star which killed large number of Sikh pilgrims.Renowned journalist Manoj Mitta, author of the book When a Tree Shook Delhi: The 1984 Carnage and Its Aftermath straight forwardly tells that

“Despite the BJP rule, there has hardly been any will to enforce accountability for the massacres that took place under the Congress. It’s as if there is a tacit deal between the sponsors of 1984 and 2002″.

It was no over-sight that during 2024 parliamentary elections 1984 massacre was totally forgotten. This is not what outsiders or critics of the RSS have been telling. The perusal of contemporary RSS documents show that major focus was on condemning the Sikh extremism, eulogizing Indira Gandhi and welcoming the crowning of Rajiv Gandhi as new prime minister.

RSS ideologue Nanaji Deshmukh’s questionable attitude on the Sikh massacre

The most important proof of such a dehumanized attitude towards the massacre of Sikhs is a document circulated by Nana Deshmukh, a prominent whole timer and ideologue of the RSS [now deceased]. This document titled as ‘Moments of Soul Searching’ was circulated by Deshmukh on November 8, 1984, may help in unmasking the whole lot of criminals involved in the massacre of innocent Sikhs who had nothing to do with the killing of Indira Gandhi. This document may also throw light on where the cadres came from, who meticulously organized the killing of Sikhs. Nana Deshmukh in this document is seen outlining the justification of the massacre of the Sikh community in 1984.

This document also reflects the degenerate and fascist attitude of the RSS towards all the minorities of India. The RSS has been arguing that they are against Muslims and Christians because they are the followers of foreign religions. Here we find them justifying the butchering of Sikhs who according to their own categorisation happened to be the followers of an indigenous religion. In this document we will hear from the horse’s mouth that the RSS like the then Congress leadership believed that the massacre of the innocent Sikhs was unavoidable.This document was published in the Hindi Weekly Pratipaksh edited by George Fernandes, who later became Defence Minister of India in the NDA regime, in its edition of November 25, 1984 titled ‘Indira Congress- RSS collusion’ with the following editorial comment:

“The author of the following document is known as an ideologue and policy formulator of the RSS. After the killing of Prime Minister (Indira Gandhi) he distributed this document among prominent politicians. It has a historical significance that is why we have decided to publish it, violating the policy of our Weekly. This document highlights the new affinities developing between the Indira Congress and the RSS. We produce here the Hindi translation of the document.”

The original pages of the Hindi Weekly Pratipaksh edited by George Fernandes, may be seen below.

Deshmukh in his document, “Moments of Soul Searching” on the massacre of the Sikh community in 1984. His defence of the carnage can be summed up as in the following:

1. The massacre of Sikhs was not the handiwork of any group or anti-social elements but the result of a genuine feeling of
2. Deshmukh did not distinguish the action of the two security personnel of Indira Gandhi, who happened to be Sikhs, from that of the whole Sikh community. According to his document the killers of Indira Gandhi were working under some kind of mandate of their
3. Sikhs themselves invited these attacks, thus advancing the Congress theory of justifying the massacre of the Sikhs.
4. He glorified Operation Blue Star and described any opposition to it as anti- national. When Sikhs were being killed in thousands he was warning the country of Sikh extremism, thus offering ideological defense of those killings.
5. Sikh community as a whole was responsible for violence in
6. Sikhs should have done nothing in self-defence but showed patience and tolerance against the killer
7. These were Sikh intellectuals and not killer mobs which were responsible for the massacre. They had turned Sikhs into a militant community, cutting them off from their Hindu roots, thus inviting attacks from the nationalist Indians. Moreover, he treated all Sikhs as part of the same gang and described attacks on them as a reaction of the nationalist
8. He described Indira Gandhi as the only leader who could keep the country united and assassination of such a great leader such killings could not be avoided.
9. Rajiv Gandhi who succeeded Mrs. Gandhi as the PM and justified the nation- wide killings of Sikhs by saying, “When a huge tree falls there are always tremors felt”, was lauded and blessed by Nana Deshmukh at the end of the
10. Shockingly, the massacre of Sikhs was being equated with the attacks on the RSS cadres after the killing of Gandhiji and we find Deshmukh advising Sikhs to suffer silently. Everybody knows that the killing of Gandhiji was inspired by the RSS and the Hindutva Ideology whereas the common innocent Sikhs had nothing to do with the murder of Indira
11. There was not a single sentence in the Deshmukh document demanding, from the then Congress Government at the Centre or the then home minister Narsimha Rao (a Congress leader dear to the RSS who later silently watched demolition of Babri masjid by Hindutva goons as prime minister of India in 1992) remedial measures for controlling the violence against the minority community. Mind it, that Deshmukh circulated this document on November 8, 1984, and from October 31 to this date Sikhs were left alone to face the killing gangs. In fact November 5-10 was the period when the maximum killings of Sikhs took place. Deshmukh was just not bothered about all
12. It is generally believed that the Congress cadres were behind this genocide. This may be true but there were other forces too which actively participated in this massacre and whose role has never been investigated. It could be one of the reasons that actual perpetrators remain unknown. Those who witnessed the genocide were stunned by the swiftness and military precision of the killer/marauding gangs (later on witnessed during the Babri mosque demolition, burning alive of Dr. Graham Steins with his two sons, 2002 pogrom of the Muslims in Gujarat and cleansing of Christians in parts of Orissa) which went on a burning spree of the innocent Sikhs. This, surely, was beyond the capacity of the thugs led by many Congress
13. It is shocking that Deshmukh presented 1984 massacre of Sikhs as an issue between Sikhs and Hindus. He wrote: “I feel proud of all those Hindu neighbours who protected lives and property of troubled Sikh brothers without caring for their lives. Such things one being heard from all over Delhi. These things have practically increased the faith in natural goodness of human behavior and particularly faith in Hindu nature.” He remained oblivious to the fact that these were not only Hindus but Muslims, Jains, Buddhists, Christians, Atheists, Communists who defended Sikhs’ lives and

RSS problematic attitude towards the Sikh massacre

The Deshmukh document did not happen in isolation. It represented the real RSS attitude towardsthe Sikh genocide of 1984. It may be relevant to know here that the RSS cadres did not come forward in defence of the Sikhs. The RSS is very fond of circulating publicity material, especially photographs of its khaki shorts-clad cadres doing social work. For the 1984 violence they have none. In fact, Deshmukh’s article also made no mention of the RSS cadres going to the rescue of Sikhs under siege. This shows the real intentions of the RSS during the genocide.

The RSS English organ, Organizer in its combined issue dated November 11 & 18, 1984 carried an editorial titled ‘Stunning Loss’ which praised Indira Gandhi in the following words:

“It will always be difficult to believe that the Indira Gandhi is no more. One had got so used to hearing her myriad voices for so long, that everything looks so blank without her. The violent manner of her death is the most shocking horror story, giving the nation the creeps…It is a case of treacherous fanatics stigmatizing the whole nation by butchering a remarkable specimen of Indian womanhood…She literally served India to the last drop of her blood according to her own lights.” The same editorial ended with the words supporting newly installed PM, Rajiv Gandhi who “deserves sympathy and consideration”. 

Organizer also carried statement of RSS Supremo; Bala Deoras titled ‘Balasaheb condemns assassination, Delhi carnage’ in a single column. He mourned and condemned the carnage but not even once referred to the fact that Sikhs were under attack. For him it was “infighting in the Hindu Samaj”. He also overlooked the fact that it was not only Delhi where Sikhs were butchered/burnt but in many other parts of India too. According to this statement “swayamsevaks have been instructed to form or help in forming Mohalla Suraksha Samitis” for restoring peace and rehabilitation of the sufferers. However, there are no documents available in the contemporary RSS archives to show how these Samitis functioned. It is a fact that RSS which is fond of displaying photographs of its cadres doing social work did not publish any visual of the activity of these Samitis.

In the same statement Deoras reacting to the assassination of Indira Gandhi stated,

“It is shocking beyond words to express  the  feelings  at the murder of PM Mrs.               Indira Gandhi by some fanatic elements. She had been carrying on almost the entire burden of the country since 1966. She was loved and respected not only in this country but all over the world. Her passing away at this critical juncture will create a void in India and also in the world.”

According to  the above mentioned Organizer, “RSS Sarkyavah, Rajender Singh issued instructions to all the branches in  the country to hold a special meeting in Shakha condemning the dastardly murder of the PM and paying  homage  to the departed             soul. He also issued instructions to cancel all public functions to be held by RSS during the period of mourning”.

Of course, the RSS archives do not contain any instructions from RSS top brass instructing the mourning of Sikh victims.

RSS against former PM Manoham Singh’s apology for the 1984 massacre

That the RSS continues to downplay 1984 Sikh massacre is alsoe clear by the perusal of charter of demands submitted to the National Council of Educational Research and Training (NCERT) in last July. The senior RSS  ideologue, Dina Nath Batra on behalf of RSS-affiliated Shiksha Sanskriti Utthan Nyas submitted five pages containing list of items to be removed from school text-books. Batra demanded that any reference to violence against minorities in the text-books should be removed which included references to a simple apology tendered by the former PM Manmohan Singh over 1984 violence.

It is to be noted that in an apology in Parliament on August 12, 2005, Manmohan Singh, the then PM of India stated:

“I have no hesitation in apologising to the Sikh community. I apologise not only to the Sikh community, but to the whole Indian nation because what took place in 1984 is the negation of the concept of nationhood enshrined in our Constitution.”

So the search for finding the perpetrators of Sikh massacre of 1984 continues endlessly. The present RSS/BJP rulers who claim to be co-religionists of Sikhs prove no different from Congress. The only hope is that those Indians who have stakes in continuation of democratic-secular Indian polity will come forward to force the Indian State to identify and punish the killers. Scholars who have been involved in the study of religious violence are unanimous in the conclusion that if 1984 massacre was not allowed to happen, there would not have been 1992-93 (violence against Muslims in pre/post Babri mosque demolition period), 2002 (massacre of Muslims in Gujarat), Kandhmal 2008 (cleansing of Christians) and many other massacre of the minorities of India. Allowing the 1984 massacre the Indian State, let it be known to all the majoritarian fascist organizations that in such criminal happening the former would remain silent! 

Nana Deshmukh awarded ‘Bharat Ratna’

As if it was not enough injustice to the martyrs and survivors of the 1984 massacre, on the eve of the last Republic Day (January 25, 2019) RSS/BJP rulers of India, bestowed the highest national award, the Bharat Ratna (gem of India) on Nanaji Deshmukh. PM Modi praising Deshmukh said, “He [Nana Deshmukh] personifies humility, compassion, and service to the downtrodden. He is a Bharat Ratna in the truest sense”.If anybody wants to understand the exact meaning of the proverb ‘to rub salt into the wound’ this Bharat Ratna to Deshmukh is the fittest example!

This photograph is of a street theatre performance titled ‘Sadharan Log (common people) by Nishant Natya Manch against massacre of Sikhs in 1984. It was performed at more than two thousand places. The author is also doing a role.

Link of a 2023 interview of the author on the same tragedy:

https://www.academia.edu/107044638/Victims_Will_Never_Forget_The_Violence_Shamsul_Islam_On_1984_Massacre_of_Sikh

Link for the full English text of the RSS ideologue Nana Deshmukh’s document: https://www.academia.edu/4890979/RSS_IDEOLOGUE_ NANA_DESHMUKH_J USTIFIED_MASSACRE_OF_SIKHS_IN_1984_From_RSS_archives_

[1] This is the official figure, according to the civil rights organisations around 3,000 were killed!

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by the judgment of acquittal, there was nothing which prevented them from filing the appeal.

The bench observed that observed that “It was not disputed on behalf of the State that no further investigations have been carried out by the Investigating Agencies and no fresh material in respect of the alleged offences has been placed on record. There is no explanation as to why the State or the complainant did not file the appeal on the grounds that were available even at the time of acquittal,” the bench stated in the order.

The said case dates back to the year of 1984, when the then Prime Minister Indira Gandhi had been assassinated by her Sikh bodyguards, and an FIR had been filed at the Saraswati Vihar Police Station for the incidents of rioting, looting and killing of Sikh persons in the national capital in the months of October and November of the said year. The said FIR had been registered for offences under Sections 147 (Rioting), 148 (Rioting, armed with deadly weapon), 149 (unlawful assembly), 307 (attempt to commit murder), 436 (Mischief by fire or explosive substance with intent to destroy house), and 427 (Mischief causing damage) of Indian Penal code (IPC).

Notably, all the accused in the case were acquitted by the Sessions Court through an order dated March 28, 1995.

In the current hearing, the prosecution highlighted that a two-member Special Investigation Team (SIT), headed by former judge of the Delhi High Court Justice SN Dhingra and IPS Officer Abhishek Dular, appointed by the Supreme Court, had recommended in the year 2019 that an appeal may be filed in the said case. The said SIT was appointed to probe the 186 cases related to the 1984 anti-Sikh riots had also criticised the role of the police and other authorities in dealing with the cases.

However, the divisive bench held that even after the report of the SIT, there was a delay of about four years for which no cogent explanation has been given. It also noted that it recently dismissed three Criminal Leave Appeals, where the delay was less than 1000 days.

“The reason now been given is the findings by the SIT, but the SIT has also observed that the reason for disbelieving the witnesses on account of the delay of FIR was not correct. It is evident that the grounds of appeal which are now been agitated are purely on the merits of the case which existed even at the time of trial and consequent acquittal,” it added in the order.

It further observed that the reason now being cited is the findings by the Special Investigation Team (SIT). However, the SIT also observed that the reason for disbelieving the witnesses on account of the delay of FIR was not correct, the Court noted. This ground existed at the time of trial and acquittal, the Court pointed out.

“It is evident that the grounds of appeal which are now been agitated are purely on the merits of the case which existed even at the time of trial and consequent acquittal. No reason whatsoever has been given for explaining the delay of about 28 years. Pertinently, the Report was given by SIT on 15.04.2019 but even thereafter there is a delay of about four years for which no cogent explanation has been given,” the Court said.

The bench noted that there has been a delay of nearly 28 years in the present case and no explanation has been given for the same. The Court further held that grounds taken by the State were not justifiable either.

“In the present case, the delay is 27 years and 335 days and there is no explanation for this inordinate delay. Moreover, the grounds taken by the state are not justifiable. Therefore, we find no merit in the present application, and the same is hereby dismissed”.

Therefore, the Court dismissed the application seeking the condonation of delay as well as the leave petition.

The order can be read here:

Related:

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1984 Anti-Sikh Riots: Supreme Court takes SIT on record, sets next date after 2 weeks

1984 anti-Sikh pogrom: The long cover-up

Sikhs are not Hindus, allow registration of marriage under Anand Marriage Act

Gurugram: Will the right-wing agenda of dividing Muslims and Sikhs over namaz space succeed?

37-year-long mockery of searching for the killers of 1984 Sikh massacre

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Close to the 38th anniversary of  the 1984 Sikh Genocide, two Indian movies have tried to expose the reality of the word’s so called largest secular democracy. 

Both Laal Singh Chaddha and Jogi that depict the state sponsored massacre of the Sikhs in the first week of November 1984 following the assassination of then-Prime Minister Indira Gandhi by her Sikh bodyguards have been produced by Muslim filmmakers Aamir Khan and Ali Abbas Zafar respectively.  

Thousands of Sikhs were murdered across India by the mobs instigated by the leaders of Gandhi’s ruling Congress party with the help of police. In the national capital of New Delhi alone about 3,000 Sikhs were slaughtered.  

Khan who is a prominent Bollywood actor had earlier produced a documentary Rubaru Roshni that deals with the same subject.  

Whereas Laal Singh Chaddha is a Hindi adaptation of Forrest Gump, Rubaru Roshni is an inspiring story of reconciliation between former Sikh militant Ranjit Singh Kukki and the daughter of a senior politician Lalit Makan who was murdered for being allegedly involved in the anti-Sikh pogroms. 

Zafar’s Jogi looks deeply into the complicity of the police machinery that openly sided with the goons that targeted Sikhs. 

Though a number of movies have been made on the horrific events of 1984 over the past three decades, these two films have come at a time when attacks on religious minorities, especially Muslims have grown in India under a supremacist, right wing, Hindu BJP government led by Prime Minister Narendra Modi.  

Modi was the Chief Minister of Gujarat in 2002 when Muslims came under attack after a train carrying Hindu pilgrims caught fire leaving more than 50 passengers dead. Stone pelting by a large angry crowd of Muslims gathered near the rail platform added fuel to the fire.  The technique that was once used to eliminate Sikhs was applied against Muslims this time. Even as Modi was never charged, he was denied US visa until he became the Prime Minister in 2014 for letting this happen under his watch.  That the two Muslims chose to make films on the pain and sufferings of the Sikhs instead of Gujarat episode and the current situation is heart-warming and shows just how much the two minority groups need each other.  

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