The CBI special public prosecutors in the 1984 anti-Sikh riots case, R. S. Cheema and D. P. Singh, on Wednesday said they would recommend filing of an appeal against the judgment of a Sessions court acquitting Congress leader Sajjan Kumar.
They said the judge has “rightly believed” all the material witnesses of the prosecution and recorded a firm finding of their truthfulness in general. “Prosecution witnesses Jagdish Kaur and Jagsher Singh have been wholly relied upon in respect of the five murders which are the subject matter of present case. The role of the Delhi Police stands repeatedly condemned in the judgment as contended by the CBI. Therefore the finding of conviction against three persons for the murder of five innocent persons is well founded.”
However, they were also unhappy with several aspects of the judgment. “The judgment is seriously flawed in most material aspects. The most important charge of conspiracy has not been even examined in passing with reference to the five convicted persons. There was overwhelming evidence on record that various crimes in this case were committed in pursuance of a conspiracy. There is absolutely no discussion as to whether the accused acted in pursuance of a conspiracy. Resultantly, the most vital question in the case namely the real nature, gravity and enormity of the crime has remained unanswered.” The lawyers said Section 295 IPC which pertains to the defilement of a place of worship should have been added as two prosecution witnesses Joginder Singh and Nirpreet Kaur had deposed about the attack on a gurdwara.
“Similarly the charge under Section 153A IPC in a case of communal outrage and killing of members of specifically targeted community by a mob raising hate slogans, has not been even sparingly discussed. The acquittal of Sajjan Kumar is wholly unsustainable because the learned Judge has found the very same witnesses wholly reliable with regard to the material features of the case.”