New Delhi: A sessions judge on Friday rescued
himself from hearing a 1984 anti-Sikh riots case after it was
clubbed with another matter allegedly involving senior
Congress leader Sajjan Kumar, citing personal reasons.
Additional Sessions Judge V K Goyal was to pronounce the
order on an application of the prosecution seeking direction
with regard to a chargesheet prepared by police against Kumar
but never submitted before a judicial officer.
The judge, who was to deliver the order on whether
directions could be issued to the police to file the
chargesheet before a competent court, decided to send the file
to the district judge for transferring it to another court.
"Due to some personal reasons, I do not want to try and
adjudicate this matter. Let the file be placed before learned
District Judge VIII with a request to transfer the same to
some other court of competent jurisdiction," ASJ Goyal said,
directing the parties concerned to appear before district
judge on May 24.
The court was on April 21 told that the chargesheet
against the former outer Delhi MP in the 1984 anti-Sikh riots
case allegedly citing sufficient evidence to proceed against
him was prepared but never brought before a judge to seek his
"The chargesheet was prepared in the case based on FIR
number 67/87 in police station Nangloi, naming Sajjan Kumar as
accused on April 8, 1992, but it was dumped in the police file
and never brought before the court," Special Public Prosecutor
B S Joon had submitted before the court.
The FIR was clubbed with another riots case in which the
trial was already going on before the court, he had said.
During the arguments, senior counsel H S Phoolka,
appearing for the riot victims, had submitted the chargesheet
should be filed before the court concerned and summons be
issued against the accused to face trial.
Joon, appointed by the Delhi High Court to deal with the
1984 riots cases, had also told the ASJ Goyal that the
chargesheet specifically mentioned that there was sufficient
evidence to proceed against Kumar but no action was
taken against him stating that his arrest might create law and
Additional DCP Rajiv Ranjan, who appeared before the
court to give an explanation on the matter, had said the two
cases relating to the incidents were clubbed on the legal
opinion provided by the prosecution branch.
Joon had said the police were not empowered to club cases
and it was the sole prerogative of the court to decide such
An FIR was registered in 1991 with regard to the killing
of five persons in Nangloi here in the riots that took place
in the aftermath of the assassination of the then Prime
Minister Indira Gandhi on October 31, 1984.
Kumar, along with five others, was mentioned as accused
in the case but the police dropped the name of the politician.
This case was clubbed with another FIR (no 67/87) with
regard to the killing of four persons in which Kumar was the
sole accused. The police prepared the chargesheet in this case
but never allegedly produced it before the court to seek
prosecution of the accused.