Senior Congress leader Sajjan Kumar on Tuesday approached the Delhi High Court challenging a trial court’s order to frame charges against him in a 1984 anti-Sikh riot case relating to murder and spreading enmity between two communities.
Justice Vipin Sanghi reserved the order on his petition in which he contended that the trial court has taken into account the evidence produced very late and also did not consider the contradictory statements given by the witness.
Appearing for Mr. Kumar, senior advocate Amarendra Saran argued that “for 20 years the witness did not appear. The same witness has given nine different versions.”
“The court should quash the trial court order on the ground of delay in recording of evidence in the case...,” said the counsel.
CBI counsel Vikas Pahwa submitted that the trial court has to see if there was any prima facie evidence against Kumar before proceeding for trial.
On May 15, the court said that the charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153A (promoting enmity between different communities) will be framed formally on May 28.
The CBI had accused Kumar of provoking people against members of a particular community during the carnage that followed the assassination of then prime minister Indira Gandhi on October 31, 1984, leading to the killing of five persons in Delhi Cantonment area.
Besides Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.
The CBI had filed two charge sheets against Mr. Kumar and others on January 13 in the riots cases registered in 2005 on the recommendation of Justice G.T. Nanavati Commission which inquired into the sequence of events leading to the riots.
