New Delhi: The Supreme Court today reserved
its verdict on a petition filed by senior Congress leader
Sajjan Kumar challenging initiation of criminal proceedings
against him in 1984 anti-Sikh riots cases.
A Bench comprising Justices P Sathasivam and A R Dave
concluded the hearing on the appeal filed by Kumar against the
Delhi High Court decision which had on July 19 refused to stay
the trial against him.
However, the apex court had on August 13 stayed for two
weeks trial proceedings against Kumar facing murder and other
charges in 1984 anti-Sikh riot cases.
The high court had on July 19 refused to quash various
charges, including that of murder, against Kumar, saying the
delay in prosecution has apparently benefited him.
Kumar has contended that the observations made by the
High Court could have a bearing on the trial.
In a special leave petition, Kumar has contended that the
complainants` testimony against him were unreliable and the
High Court had made various uncalled for observations that
could determine the fate of the trial.
CBI had defended its decision to re-investigate the case
against Kumar for his alleged involvement in the riots, saying
it was a decision taken by Parliament.
Kumar, a former Outer Delhi MP, is facing prosecution in
two cases in which he has been accused of inciting a mob
against Sikh community in the aftermath of the then Prime
Minister Indira Gandhi`s assassination on October 31, 1984.
The trial court had in May this year framed charges
against Kumar under Sections 302 (murder), 395 (dacoity), 427
(mischief to cause damage to property), 153A (promoting enmity
between different communities) and other provisions of IPC
paving the way for his trial as well as that of five others.
CBI had accused Kumar of provoking people against
members of Sikh community during the carnage that led to the
killing of five persons in Delhi Cantonment area.
Besides Kumar, other accused in the case are Balwan
Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and
CBI had filed two chargesheets against Kumar and
others on January 13 in the riots cases registered in 2005 on
the recommendation of Justice G T Nanavati Commission which
inquired into the sequence of events leading to the riots.
The trial court had on July seven framed charges against
the politician in another case in connection with the