New Delhi: A District Judge on Monday asked
Sessions Judge V K Goyal to state reasons for recusing himself
from hearing a 1984 anti-Sikh riots case allegedly involving
senior Congress leader Sajjan Kumar.
District Judge Bimla Makin asked Additional Sessions
Judge Goyal to spell out the reasons for expressing his
inability to adjudicate the case and forward his reply in a
sealed cover on May 31.
Goyal was to, on May 21, 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, had then 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 had
said.
The court was told on April 21 that the chargesheet
against the former outer Delhi MP in the 1984 anti-Sikh riots
case allegedly stating that there was sufficient evidence to
proceed against him was prepared but never brought before a
judge to seek his prosecution.
Meanwhile, another court, which was to formally frame
charges against Kumar and others in a different 1984 anti-Sikh
riots case, deferred the matter to May 28.
The adjournment of the case came after Anil Kumar Sharma,
counsel for accused Krishan Khokhar, submitted that his client
was indisposed due to heat stroke.
The case relates to the killing of five persons in the
riots that broke out in Delhi Cantonment following the
assassination of then Prime Minister Indira Gandhi on October
31, 1984.
The formal framing of charges paves the way for
initiation of trial in a case and the presence of all accused
is required because they have to express their willingness
either to contest the charges or admit them.
The court had on May 15 ordered framing of charges
against the Congress leader and others in the anti-Sikh riot
case relating to murder and spreading enmity between two
communities after finding prima facie evidence against them.
Besides Kumar, other accused in the case are Balwan
Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and
Girdhari Lal.
The CBI had filed two chargesheets against Kumar and
others on January 13 in as many cases registered in 2005 on
the recommendation of Justice Nanavati Commission which
inquired into the sequence of events leading to the communal
riots.
PTI
