HC orders Jharkhand to pay compensation to widow of Army jawan killed in 1984 anti-Sikh riots

The Army jawan had joined the service in 1972 and was part of the 21st battalion of the Punjab Regiment. He was travelling on temporary duty to the Punjab Regimental Centre in Ramgarh in the Kalka-Ranchi Express and was caught in the mob violence which took place following the then Prime Minister Indira Gandhi’s assassination. His train was twice attacked by mob and while he escaped the first attack he was killed in the second attack which took place when the train was passing through a jungle.

Initially, the jawan was listed as missing by the Army authorities, as his body was never found, but later a Court of Inquiry conducted by the army authorities on the number of jawans killed in the violence came to the conclusion that Nidhan Singh was also among those who lost his life in the attack.

However, the claims of compensation by the widow of the jawan and his son were not entertained by the Jharkhand government on the plea that there was no evidence that the jawan had been killed. The family, belonging to Patiala district of Punjab, camped in Ramgarh for three days requesting the authorities at the district headquarters for releasing compensation but they were denied the same.

The high court has observed the fact that the husband of the petitioner was travelling in the train and was killed by the mob because of being a Sikh person was not disputed by the authorities but it was vaguely pleaded that there was no authenticated report of army personnel being killed by mobs in the general area where Naik Nidhan Singh lost his life.

The judgment notes that eyewitnesses travelling in the same compartment as the deceased jawan had deposed before the Army Court of Inquiry that the train had also been attacked at Kanpur railway station where mobs were shouting that the Sikhs had killed their mother. There had been another attack at Garwa Road railway station on the compartment in which ten Sikh jawans, 15 Dogra Regiment jawans and two civilian Sikhs were travelling. The witnesses informed that the Dogra jawans ran away to some other compartment while the Sikhs were attacked and badly mauled.

The train was later again stopped in a jungle in Jharkhand after a few hours where the Sikhs fled from it and were however targetted by residents of a village whom they approached. It was here that Naik Nidhan Singh was killed.

The judgment notes: “It is apparent that the entire incident being a shameful act in a democratic country like India has been sought to be concealed by the official respondents.” It also says the claim that there was no evidence of killing of Naik Nidhan Singh in the area of Jharkhand is baseless and unbeliveable.