New Delhi: A Delhi court today reserved its
order on an application filed by the prosecution seeking it to
clarify whether a charge-sheet allegedly involving Congress
leader Sajjan Kumar can be clubbed with another 1984 anti-Sikh
District Judge Bimla Makin, who had decided to adjudicate
the matter after a Sessions judge recused himself from hearing
the case, said she will pronounce the order on the plea on
During the arguments, Special Public Prosecutor B S Joon
said the charge-sheet against the former outer Delhi MP in the
1984 anti-Sikh riots case citing sufficient evidence to
proceed against him was prepared but never brought before a
judge to seek his prosecution.
"The stand taken by the investigating officer that the
charge-sheet was clubbed was wrong as the accused was not
summoned," he submitted.
On being asked by the court whether he was taking a
stand against the decision of his own police officer, Joon
submitted it was duty of the prosecutor to ensure that the
matter was properly pursued.
The Delhi High Court has also given specific instruction
that all the 1984 riot cases should be properly pursued, Joon
During the arguments, senior counsel H S Phoolka
submitted that since the charge-sheet was never produced
before the court and never brought into the notice, it cannot
be termed that it was clubbed with another riots case.
After hearing the arguments, the court said it will pass
its order on June four.
In his plea, the prosecutor had submitted that the
charge-sheet 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.
The FIR was clubbed with another riots case in which the
trial was already going on before the court, he had said.
Additional DCP Rajiv Ranjan, who had earlier 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 on 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.