‘84 case: ‘Govt delaying appointment of judge’

Last Updated: Saturday, November 26, 2011 - 00:06

New Delhi: The 1984 anti-Sikh riots victims
on Friday accused the Delhi government of delaying the trial
of a case, involving senior Congress leader Sajjan Kumar as an
accused by not appointing a new judge to hold it.

The riot case was being tried earlier by former North
East Delhi`s District Judge-cum-Additional Sessions Judge
Sunita Gupta who was elevated as Delhi`s District Judge to
head the city`s entire subordinate judiciary in October this
year.
After her promotion, she has been transferred to Tis
Hazari Court complex but no new judge was appointed to resume
the trial in the case involving Sajjan Kumar, said lawyer H S
Phoolka, representing the 1984 riot victims.

He said the Delhi High Court has already sent the
recommendation to the government for appointment of a new
judge to fill the vacancy and begin Kumar`s trial but the
government has not yet issued the notification.

"It is over three weeks now that the high court
recommended the name of a judge in place former DJ-cum-ASJ
Gupta but but Delhi government is sitting over the file and is
yet to issue the notification," said Phoolka.

According to sources, the name of Additional Sessions
Judge (ASJ) JR Aryan, who now sits in Patiala House Court
Complex, has been recommended for appointment as DJ-cum-ASJ of
North East Delhi in place of Gupta.

He, however, is waiting for the city government`s
notification to take over his new assignment, said sources.

The case with held-up trial involves killing of six
persons in Delhi Cantonment area during 1984 anti-Sikh riots
by a mob allegedly at the instigation by Sajjan Kumar.

"Today was the third date of the case when the matter was
adjourned due to absence of the judge. The case is at its
final stage and the matter is getting delayed," Phoolka said.
He added the case is near conclusion as statements of all
prosecution witnesses have been recorded and only two out 17
defence witnesses are left to be examined. The matter has been
fixed for December 13.

The victims had moved the court of District Judge Sunita
Gupta, seeking transfer of the the matter to her court on the
ground that she was conducting its trial earlier and now it is
getting delayed as no other judge has taken charge of it. She
is to hear the plea on November 29.

The application had 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 had said.

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 Indira Gandhi on October 31, 1984.

PTI



First Published: Saturday, November 26, 2011 - 00:06

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