New Delhi: Congress leader Sajjan Kumar on Friday sought to declare as "illegal" the probe and charge sheets filed by the CBI in a 1984 anti Sikh riots case against him in the wake of Gauhati High Court`s judgement holding the setting up of the investigating agency as "unconstitutional".
Kumar`s counsel mentioned before District Judge J R Aryan high court`s yesterday`s verdict and said if CBI itself is unconstitutional, its probe and charge sheets are also illegal.
The judge, however, said the effect of this judgement is not clear at this stage as it is too early and asked the counsel to proceed with the case.
The court also asked the defence counsel to advance his arguments on the two applications filed by Kumar and other accused in the case.
The court posted the matter for November 15 for arguments on the applications after Kumar`s counsel sought adjournment on the ground that some other advocate is not well and is not present.
In its judgement, the High Court has struck down the 1963 resolution through which CBI was set up and held all its actions "unconstitutional".
The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.
The CBI had earlier said though the charge sheet pertains to killing of six persons but it was only restricting to the charge relating to murder of Surjit Singh and not of other deceased in respect of whom the trial had already taken place.