The former Congress MP, Sajjan Kumar, will face trial in the 1984 anti-Sikh riot cases as a Delhi court on Saturday referred the cases to a Special CBI Court, rejecting a plea of his.
Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma declined to take on record an application of Mr. Kumar seeking certain documents related to the charge sheet filed against him in two cases and directed the Congress leader and others to appear before the Special Judge on March 27.
“I am not impressed with the arguments and contentions of the accused. It seems that the application has been filed to cause further hindrance in committing the case to the Sessions Court,” the ACMM said.
“Under the garb of application, the accused is trying to set up his defence by placing his documents and records,” he said.
Mr. Kumar had sought certain documents and statements of witnesses recorded by the investigating agency during the probe into the matter.
“So far as withholding of records is concerned, it is for the prosecuting agencies to suffer the consequences. The application filed by the accused is not directed to be taken on record,” the court said.
The High Court on February 8 asked the trial court to put the anti-Sikh riot cases on the fast track with a direction to wind up the proceedings within six weeks.
Senior advocate I.U. Khan, appearing for Mr. Kumar, submitted that the CBI had failed to supply the documents necessary for the just decision of the court. He had a tough time convincing the court with regard to the contents of the documents running into over 100 pages.
“I have gone through the contents of the application and perused the documents. The bunch is so bulky, it is humanly impossible to examine it within a short span of time,” Mr. Sharma said.
During the proceedings, CBI special prosecutor Y.K. Saxena submitted that of the statements of some witnesses, there were some that were filed only through letters. “It is submitted by Khan that filing the application was within the rights and scope of the CrPC. The court feels that it is not so desirable in the interest of justice,” the ACMM said.
“We cannot bypass the proceedings. I am not bound to take everything on record,” the judge said.
The court dismissed Mr. Khan's plea that his application be taken on record so that the accused could move the Sessions Court challenging its rejection.
Meanwhile, the court directed all the accused to appear before a Special CBI Court on March 27, while referring the file to the District Judge for further proceedings. The Delhi High Court on February 26 granted bail to Mr. Kumar citing delay in the deposition of witnesses against him in the cases.
