New Delhi: The trial in the 30-year-old anti-Sikh riots case, in which Congress leader Sajjan Kumar and three others are facing prosecution, on Friday commenced in a court here which recorded the statement of a senior official of Delhi government.
District judge J R Aryan recorded the statement of prosecution witness Vishwendra, who is now private secretary of Lieutenant Governor of Delhi and was the then deputy secretary in Home Ministry when the sanction was given to prosecute the accused in the case.
The court directed Vishwendra to bring on January 15 records to show that the case was sent to Lt Governor of Delhi seeking sanction to prosecute the accused under section 153A (causing disharmony between different communities) of the IPC and after due consideration and applying his mind, LG had opined that it was a fit case for grant of sanction.
Advocate Anil Sharma, appearing for Sajjan Kumar, during cross-examination of Vishwendra asked him to produce material evidence to show that LG had given his consent after due consideration.
During recording of his testimony which remained inconclusive, Vishwendra identified his signatures on the documents relating to sanction and said he had no personal knowledge about them.
After the witness said he was unable to tell details without looking at the records, the court directed him to bring the documents on the next date of hearing.
Sharma was cross examining the witness on the issue of validity of sanction granted to prosecute the accused. He argued that sanction was not just formal but a legal issue.
Apart from Sajjan Kumar, Brahmanand Gupta, Peru, and Ved Prakash are also facing trial for the charges of murder and rioting in connection with the case of killing of Surjit Singh in Sultanpuri here.
According to the CBI, initially the prosecution department of Delhi government was of the opinion that Sajjan Kumar cannot be prosecuted in the case and the director of prosecution felt that sanction in this case under section 153 A of the IPC may not be granted.
The case was then sent to the law department of Delhi government and thereafter, to the LG who later reversed the order and said that it was a fit case to grant sanction to prosecute.
The court in July 2010 had framed various charges including murder and rioting against Sajjan Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of then Prime Minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.
The trial court had also framed charges for the offence of spreading enmity between two communities against the accused in the case.
CBI had filed two charge sheets against Sajjan Kumar and others in January 2010 in the riots cases registered in 2005 on the recommendation of Justice G T Nanavati Commission which had probed the sequence of events leading to the violence.