HC refuses to stay trial court proceedings against

Last Updated: Tuesday, July 3, 2012 - 22:57

New Delhi: The Delhi High Court on Wednesday refused to stay the trial court proceedings against Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.

Kumar has appealed against the trial court order which had refused to allow him to use a riot victim`s statements to the various judicial commissions in the past to defend himself.

While allowing the trial to go ahead, Justice Pratibha Rani said till the outcome of Kumar`s appeal, the lower court will not deliver its verdict till July 27 when the matter will be heard again.

The trial judge had fixed the matter for hearing final arguments from July 12.

Kumar`s plea was dismissed on June 2 by the trial court which had said the witness Jagdish Kaur`s statements to the judicial commissions cannot be used for any purpose, including for discrediting her testimony or to impeach her.

The Congress leader, in his plea, had said the affidavits and statements of the complainant and key witness Kaur, given earlier to the judicial commissions that probed the riots, should be allowed to be used to confront her with her recent testimony in the ongoing trial.

The former Delhi MP had filed an application saying the CBI prosecutor R S Cheema on July 12, 2010 had told the court that Kaur`s affidavits and statement to GT Nanavati and Ranganath Mishra Commissions, cannot be used because of contradictions in them.

The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission cannot be used against her for the purpose of questioning her testimony.

According to Kumar, if the prosecution and the witness
would use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids the defence from confronting them.

Kumar is facing trial along with Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal for his alleged role in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

Kumar is accused of instigating a mob to attack and kill the Sikhs. The case against Kumar was lodged on the recommendation by Nanavati Commission.

The CBI had filed two charge sheets against him and others in January 2010.

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

PTI



First Published: Tuesday, July 3, 2012 - 22:57

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