Sajjan terms `84 riots cases against him as unconstitutional

Sajjan Kumar on Wednesday told a Delhi court that the registration of an FIR by the CBI against him in the 1984 anti-Sikh riots cases was violative of Constitutional provisions as those had already been probed by the Delhi police.

Last Updated: Apr 28, 2010, 20:56 PM IST

New Delhi: Congress leader Sajjan Kumar
on Wednesday told a Delhi court that the registration of an FIR by
the CBI against him in the 1984 anti-Sikh riots cases was
violative of Constitutional provisions as those had already
been probed by the Delhi police.

"Registration of an FIR by the CBI in the matters, which
were already pending before a Delhi court and in which Delhi
police had filed the cancellation report, was illegal, unfair,
unconstitutional, improper and unheard of in the statutes,"
advocate I U Khan submitted before Additional Sessions Judge
Sunita Gupta.
Khan was putting forth arguments on behalf of the former
outer Delhi MP on framing of charges in connection with the
killing of five persons in Delhi Cantonment area in the riots
that took place in the aftermath of the assassination of the
then Prime Minister Indira Gandhi on October 31, 1984.

Khan argued re-registration of the cases by the CBI in
2005 on the recommendation of Nanavati Commission report was
not within the provisions of the Criminal Procedure Code and
even no permission from a court was taken by the probe agency
in this regard.

"If this is allowed, it will open a pandora`s box," he
contended, saying the recommendations of a Commission of
Inquiry were for mere information to the government and not
binding.
During a two-hour argument, Khan also termed the report
of Nanavati Commission, which had inquired into the 1984
riots, as politically motivated.

The counsel also questioned the credibility of the
statement of witness Jagdish Kaur, whose relatives were killed
in the riots, claiming she did not name Kumar before Justice
Rangnath Mishra Commission in 1985 and Jain -Banerjee
Commission in 1987.

Reading out her affidavits submitted before different
Commissions, Khan said she gave the minute details on the
incident and but did not even whisper on any role of Kumar.

CBI had named Kaur as a witness in the chargesheet
submitted in January this year against Kumar and others in the
murder of five persons in Delhi Cantonment area.

The arguments on behalf of Kumar remained inconclusive
and are likely to continue on April 30.

CBI had yesterday sought prosecution of Kumar and others
for the killings during the 1984 anti-Sikh riots here.

CBI had filed two chargesheets on January 13 in the riots
cases registered on the recommendation of Justice G T Nanavati
Commission which had inquired into the sequence of events
leading to the riots in the aftermath of the assassination of
Indira Gandhi.

PTI