1984 riots: ‘Acquittal due to lack of witness’

Last Updated: Tuesday, April 3, 2012 - 21:01

New Delhi: CBI on Tuesday told a Delhi court,
hearing a 1984 anti-Sikh riots case involving senior Congress
leader Sajjan Kumar, that no eye witness was produced in the
five other carnage cases by the police, which resulted in the
acquittal of the persons who were accused in those cases.

Advancing final arguments before District Judge JR
Aryan, CBI prosecutor and senior advocate RS Cheema said that
in the trial of five other separate 1984 riot cases, the Delhi
police had not produced any eye witness in the court and only
the police officials were examined, which resulted into
acquittal.

The prosecutor said police had clubbed five other cases
in the FIR registered in the present case in which Sajjan
Kumar and five others are facing trial for allegedly
instigating a mob to kill Sikhs in Delhi cantonment area in
the wake of the assassination of former Prime Minister Indira
Gandhi on October 31, 1984.

Reading out the judgements of the other 1984 riot cases
in which accused were acquitted, Cheema said that during the
trial of those cases, no victim was produced in the court and
even the judges, adjudicating them, had asked police why it
had clubbed these cases.

The prosecutor told the court that initially the police
had not made Sajjan Kumar an accused in the case and he was
named in the case in 2005 after CBI took over the
investigation.

He said there was no sign and stamp on the statements of
witnesses recorded by the police so that "the officials could
add or subtract to it."

CBI`s arguments remained inconclusive and would continue
on April 9, the next date of hearing.

Sajjan Kumar and other five accused Kishan Khokkar,
Girdhari Lal, Mahender Yadav, Balwan Khokkar and Captain
Bhagmal are facing trial for allegedly instigating the mob to
kill the Sikhs during the 1984 riots.

Earlier, the CBI prosecutor had accused the Delhi Police
for fabricating and destroying the case records.

He had argued that as per CBI`s investigation, witness
Jagdish Kaur had recorded a statement before the police on
November 3, 1984, where she had named several persons,
including Sajjan Kumar and two other accused in the case, but
that deposition was destroyed and missing from the police
records.

Showing direct evidence against the accused, he had said
the statements of witnesses showed the presence of Sajjan
Kumar and other accused during riots.

He argued the police had acted in a pre-planned manner
during the riots and kept its "eyes closed" to the violence.

The case against Sajjan Kumar was registered in 2005 on a
recommendation by Justice GT Nanavati Commission. CBI had
filed two chargesheets against him and the other accused in
January 2010.

The trial court had in May, 2010, framed charges against
Sajjan Kumar and five others under Sections 302 (murder), 395
(dacoity), 427 (mischief to cause damage to property), 153-A
(promoting enmity between different communities) and other
provisions of the IPC.

Sajjan Kumar is facing prosecution in three separate
cases in which he has been accused of inciting a mob against
the Sikh community during the riots.

PTI



First Published: Tuesday, April 3, 2012 - 21:01

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