• Text size  | | |
• Email this document
• Printable version

India: Whether Sajjan Kumar and Jagdish Tytler were Congress Party candidates in the 10 May 2004 elections; whether the two men were accused in the Nanavati Commission report of attacking the Golden Temple in Amritsar in June 1984; the findings of the Commission pertaining to the two men

Former Union minister Jagdish Tytler and Sajjan Kumar both ran successfully for seats in Delhi under the banner of the Congress Party in the 10 May 2004 Lok Sabha elections (Ensaaf June 2004, 101; see also Hindu 28 Apr. 2004; Times of India 17 Apr. 2004). Ten days after the elections, Jagdish Tytler was nominated to the post of non-resident affairs minister in the newly formed Congress-led coalition government (Statesman 24 May 2004).

Reports connecting Sajjan Kumar and Jagdish Tytler to the attack on the Golden Temple in Amritsar in June 1984 could not be found among the sources consulted by the Research Directorate. However, both were alleged to have been involved in the anti-Sikh riots of November 1984 in Delhi following the assassination of then Prime Minister Indira Gandhi (Ensaaf June 2004; see also India Abroad 9 July 2004). Between 31 October and 7 November 1984, officials estimate that 2,427 people were killed during riots in Delhi and other parts of the country (Deccan Herald 9 Feb. 2005). However, one source put the number of dead at 10,000 (AP 14 June 2004). Witnesses reportedly named several Congress party leaders, including Sajjan Kumar and Jagdish Tytler, as having led groups of attackers during the days of violence in Delhi (Ensaaf June 2004, 63-64).

A number of commissions and committees were appointed to investigate various aspects of the riots (ibid., 82, 94; see also World Policy Journal 1 July 2004). Both the Jain-Banerjee Committee and the Poti-Rosha Committee recommended that charges be laid against Sajjan Kumar (Ensaaf June 2004, 93). However, the police did not file charges until 1994 and witnesses were not heard until 1999, when the latter alleged that Kumar had addressed meetings on 31 October 1984, urging those present to "kill Sikhs" (ibid., 99). In late 2002, Kumar was acquitted but the decision was later appealed (ibid. 99-100). Further information on the appeal could not be found among the sources consulted by the Research Directorate.

A case filed against Jagdish Tytler on the basis of affidavits made to the Misra Commission alleging his involvement in instigating a number of killings was dismissed (ibid., 100). In an interview with India Abroad, Jagdish Tytler responded to the allegations by saying that an investigation by the Central Bureau of Investigation had found him to be neither "directly [nor] indirectly involved" in the 1984 riots (9 July 2004).

The most recent inquiry into the November 1984 riots, the Nanavati Commission, was appointed on 10 May 2000 under the direction of retired Supreme Court judge G.T. Nanavati (Indian Express 10 Feb. 2005; see also Ensaaf June 2004, 95). Notices were served by the judge to both Sajjan Kumar and Jagdish Tytler to reply to charges made against them in affidavits deposed to the Commission (ibid., 95-96). The report of the Commission was submitted to the Indian government on 9 February 2005 (Deccan Herald 9 Feb. 2005; Indian Express 10 Feb. 2005). However, the Times of India reported on 16 March 2005 that the report had yet to be tabled in parliament. Sources indicated to the Indian Express that the report included a recommendation that the cases against some Congress party leaders be revisited (10 Feb. 2005). Further information on the findings of the Nanavati Commission could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 14 June 2004. Laurinda Keys. "Will India's Religious Minorities Gain from Having Sikh Prime Minister?" (Dialog).

Deccan Herald [Bangalore]. 9 February 2005. "Nanavati Commission Report Submitted to Government." <http://www.deccanherald.com/deccanherald/feb092005/i20.asp> [Accessed 31 Mar. 2005]

Ensaaf. June 2004. Jaskaran Kaur. Twenty Years of Impunity: The November 1984 Pogroms of Sikhs in India. <http://www.ensaaf.org/toc-1984report-v2.pdf> [Accessed 31 Mar. 2005]

The Hindu [Chennai]. 28 April 2004. "Now, 'Feel Good' Engulfs Congress." (Dialog)

India Abroad [New York]. 9 July 2004. "Jagdish Tytler." (Dialog)

The Indian Express [Delhi]. 10 February 2005. "'84' Report: Nanavati Hands it Over to Govt." <http://www.indianexpress.com/print.php?content_id=64395> [Accessed 31 Mar. 2005]

Statesman [Calcutta]. 24 May 2004. "Finally, a Govt – And it's Sonia's." (Dialog)

Times of India [Delhi]. 16 March 2005. "Table Nanavati Panel Report in House: BJP." <http://timesofindia.indiatimes.com/articleshow/1054015.cms> [Accessed 31 Mar. 2005]
_____. 17 April 2004. Pratyush Kanth. "Delhi's Political Battleground all Set for May 10." (Dialog)

World Policy Journal. 1 July 2004. Barbara Crossette. "India's Sikhs: Waiting for Justice." (Dialog)

Additional Sources Consulted

The Committee for Coordination on Disappearances in Punjab (CCDP). 2003. Reduced to Ashes: The Insurgency and Human Rights in Punjab.

Internet sites, including: Carnage84.com; Institute of Peace and Conflict Studies, Delhi; United States Department of State.