Honorable Chief Justice of India
Supreme Court of India
New Delhi, India
November 29th, 2007
“The dead cannot cry out for justice; it is a duty of the living to do so for them”
All India Sikh Students Federation and Sikhs for Justice, by and through Its President and Coordination Committee respectively, request and urge the Supreme Court of India to assume the jurisdiction and take cognizance of the below discussed matter of public importance involving violation of fundamental human rights and mockery of justice by the successive Indian regimes by not prosecuting, conniving and shielding individuals like Jagdish Tytler, Kamal Nath, Sajjan Kumar, Dr. Ashok Gupta, arjun singh and Bhajan Lal for planning, leading and master minding attacks on innocent Sikhs in November 1984. The following justifies the intervention and assuming of jurisdiction by this Honorable Court:
- While the undersigned petitioners fully recognize that the apex court, by its very nature and by the intrinsic role assigned to it under the Indian Constitution, rarely takes direct cognizance of such matters, but this court has power and has never hesitated to exercise that power in exigent circumstances such as in this case, where the fundamental rights of citizens of India have been grossly violated by perpetration of violence against them and then by continuing connivance of State and Central Governments and Agencies in not bringing the criminals to justice.
- Whereas the killings of Sikhs that took place in November 1984 in New Delhi when mobs led by Jagdish Tytler, Kamal Nath, Sajjan Kumar, Bhajan Lal and Dr. Ashok Gupta, butchered, burnt and raped thousands of Sikhs living in different districts of Delhi.
- Whereas the Indian regime in power at that time miserably and allegedly with a plan, failed to protect the lives and properties of its citizens in its very Capital.
- Whereas more than two decades have passed and the successive regimes have done nothing more than lip service in bringing to justice the notable and central responsible figures such as Jagdish Tytler, Kamal Nath, Sajjan Kumar, Dr. Ashok Gupta, Arjun Singh and Bhajan Lal, perpetrators, planners and master minds of gruesome killings.
- Whereas it is true that more than one high level Inquiry Commissions headed by individuals of unimpeachable integrity have inquired into the matter and have identified individuals who were “most probably responsible” for the said killings. It is also true that most of these individuals have not been formally indicted, charged or prosecuted in any court of law thus substantiating the public perception that instituting a commission of inquiry into a state sponsored killing is the standard response of a government to tide over the crisis. Then comes a period of amnesia when either the report is allowed to gather dust or is not considered or acted upon, or the government may disagree with the findings.
- Whereas, the matter has gone to the extent that recently Jagdish Tytler one of the masterminds of those killings has been handed a clean chit by the CBI on a lame excuse that one of the witnesses Jasbir Singh is unavailable to testify.
- Whereas the said key witness Jasbir Singh had already submitted sufficiently detailed affidavit to the Inquiry Commission regarding Tyler’s involvement in these killings which provide at least a reasonable ground for prosecution and for the matter to be formally taken up for trial by a court of law. Recently Jasbir Singh through his statement and renewed affidavit has re-affirmed his earlier statement and has again re-iterated his willingness to testify in the court of law.
- Whereas Sikh community and conscientious individuals all over the world deeply feel that a gross miscarriage of justice is being continued and petitions this court to take cognizance of this matter.
- Whereas this court has taken appropriate action in similar situations and matters, e.g. Fazalur Rehman v. State of U.P, (1998) 7 SCC 453; V. Ranganathan v. Union of India, (1998) 9 SCC 201; Jan Sangharsh Manch v. State of Gujrat, AIR 1998 Guj 133. Therefore, any affirmative action taken to ensure prosecution and trial of perpetrators in this case will be squarely in conformity with this court’s prior decisions.
- Whereas the petitioners Sikhs for Justice and All India Sikh Students Federation, are social organizations committed to the cause of human rights and is not politically motivated.
- Whereas in its attempt to moving this court, the petitioners Sikhs for Justice and All India Sikh Students Federation have express and documented support of hundreds of concerned individuals.
|Sikhs for Justice
Through its Coordination Committee
|All India Sikh Students Federation
Through its President Karnail Singh Peermohammad
VERIFICATION OF SUPPORT:
I, the undersigned, verify that I have read in entirety the above petition requesting the Supreme Court of India to take cognizance on the issue of prosecution of Jagdish Tytler, Kamal Nath, Sajjan Kumar, Dr. Ashok Gupta, Arjun Singh and Bhajan Lal, responsible for November 1984 killings of Sikhs and I fully support this petition.