The Special Investigation Team (SIT) probing the 1984 anti-Sikh riots moved the Delhi High Court on Wednesday seeking cancellation of anticipatory bail granted to Congress leader Sajjan Kumar in a case of killing three Sikhs during the agitation. The SIT has challenged the December 21, 2016 order of the trial court granting anticipatory bail to Kumar.
“Where is the illegality in the trial court’s order? Thirty-two have passed and now you [SIT] are seeking to interrogate him [Kumar] in the matter. Prior to November 2016 there was no complaint against him by the present complainant. Suddenly, the complainant has grievances against him [Kumar],” Justice S. P. Garg observed.
Additional Solicitor General (ASG) Sanjay Jain, appearing for the SIT, told the HC that the cases were filed against Kumar in Janakpuri and Vikaspuri police stations after a delay as the complainant was “scared” to name the accused due to his “powerful” position.
Mr. Jain contended that the complainant Harvinder Singh claims to have seen Kumar leading a mob in Janakpuri on November 1, 1984.
Mr. Jain said that since Kumar’s name has cropped up during the investigation, he needs to be interrogated and his custody is necessary. as he has to be confronted with the evidence in the matter.
The court then sought to know if there is anything more than the complainant’s affidavit to prove Kumar’s involvement in the instant case or his presence at the spot.
“Do you [SIT] have anything more to establish about his [Kumar’s] alleged involvement. We are not disputing the incident, but his involvement is there or not is a question,” said the court, while calling for records relating to other cases in which Kumar has been or is facing trial.
Earlier, Kumar was acquitted by a Delhi court in one of the riot cases in which five Sikhs were killed in Raj Nagar.
The three-member SIT was formed following a recommendation of a panel headed by former Supreme Court judge Justice (retd) G. P. Mathur.
