A Delhi court today started hearing arguments afresh on a chargesheet prepared by Delhi police against senior Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.
District Judge S. K. Sarvaria heard part arguments on behalf of the prosecution on an application filed by it seeking a direction with regard to the chargesheet against Kumar, former outer Delhi MP.
The chargesheet against Kumar in the 1984 anti-Sikh riots case citing sufficient evidence to proceed against him was prepared but never brought before a judge to seek his prosecution.
“The chargesheet was prepared in the case based on FIR number 67/87 at Nangloi police station here, naming Sajjan Kumar as an accused on April 8, 1992, but it was kept in the police file and never brought before the court,” Special Public Prosecutor told the court.
The FIR was clubbed with another riots case in which the trial was already on, he said.
Senior counsel H. S. Phoolka, appearing for the riot victims, submitted the chargesheet should be filed before the concerned court and summons issued against the accused to face the trial.
The Special Prosecutor, appointed by the Delhi High Court to deal with the 1984 riots cases, also told the court that the chargesheet specifically mentioned that there was sufficient evidence to proceed against Kumar but no action was taken against him stating that his arrest might create law and order problem.
The court adjourned the matter for October 19 as Additional DCP Rajiv Ranjan, who had investigated the matter, expressed his inability to appear before it due to his engagement with security preparedness for the Commonwealth Games.
During previous hearings, Mr. Ranjan, who appeared before the court to give an explanation on the matter, had said the two cases relating to the incidents were clubbed on the legal opinion provided by the prosecution branch.
The prosecutor had claimed the police were not empowered to club cases and it was the sole prerogative of the court to decide such issues.
An FIR was registered in 1991 with regard to the killing of five persons in Nangloi in the riots that took place in the aftermath of the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.
Kumar, along with five others, was mentioned as an accused in the case but the police dropped the name of the politician.
This case was clubbed with another FIR (no 67/87) with regard to the killing of four persons in which Kumar was the sole accused. The police prepared the chargesheet in this case but never produced it before the court to seek prosecution of the accused.
