1984 riots: Victims seek transfer of case

Last Updated: Friday, November 11, 2011 - 22:26

New Delhi: The victims of 1984 anti-Sikh
riot on Friday approached a Delhi court seeking that the trial of
Congress leader Sajjan Kumar be conducted before the same
judge who had earlier been hearing the case and was
transferred to another court after being elevated.
The victims filed a petition before District Judge Sunita
Gupta, who was recently elevated as District Judge and was
earlier hearing the case, to transfer the matter to her court
on the ground that she was conducting the trial and now it is
getting delayed as no other judge has taken charge of the
concerned court.

"After the elevation of the trial judge (District Judge
Sunita Gupta), no presiding officer has taken charge of the
concerned court where the trial of the case is going on, which
is causing further delay in the disposal of the case and also
prolonging the agony of the complainant as well as other
victims," Jagdish Kaur, one of the victims and complainants of
the case, said in her application.

The judge put up the application for hearing on
November 15.

The trial in the case relating to the killing of six
persons in Delhi Cantonment area is near conclusion as the
court has already recorded the statements of the prosecution
witnesses and out of 17, only two defence witnesses are left
to be examined.
The application, filed through counsel H S Phoolka
representing the riot victims, said it is a 27-year-old case
and the victims have been waiting for justice.

"It shall be expedient for the ends of justice that an
order of transfer be passed so that further delay in the
conclusion of trial is curtailed," it said.

Since no judge has taken charge of the concerned court in
the Karkardooma courts complex, the matter was today deferred
till November 25.

Kaur, in her plea, said section 408 (1) of the CrPC
provides for expeditious disposal of pending cases and to
avoid a fresh trial if another judge takes over the case by
avoiding unnecessary delay in disposing off the case.

Kumar is facing trial along with Balwan Khokkar, Kishan
Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal on
the charge of inciting mobs against the Sikh community and
having six of them killed in Delhi Cantonment area during the
riots that had broken out after the assassination of the then
Prime Minister on October 31, 1984.

The case against Kumar was registered in 2005 on a
recommendation by Justice G T Nanavati Commission. CBI had
filed two charge sheets against him and others in January last
year.

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

Sajjan Kumar is facing prosecution in three cases in
which he has been accused of inciting a mob against the Sikh
community following the assassination of Indira Gandhi.

PTI



First Published: Friday, November 11, 2011 - 22:26

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