New Delhi: A Delhi court on Tuesday allowed a
plea of Congress leader Sajjan Kumar to file his reply to
CBI`s application that has pointed out typographical error in
the order on framing of charges against him in a 1984
anti-Sikh riots case.
Additional Sessions Judge Sunita Gupta gave Kumar time
till May 19 to respond to CBI`s contention that there was a
typographical error with regard to a Section of the Indian
Penal Code (IPC) in the order on charges pronounced by the
In an application, CBI counsel D P Singh requested the
court to bring changes to rectify the error saying that in the
order on charges, Section 339 (wrongful restraint) has been
mentioned instead of Section 449 (house trespass).
Kumar`s counsel I U Khan sought a copy of CBI`s
application and requested the court to give it to him to file
the reply, which was permitted.
The ASJ had on May 15 ordered framing of charges against
Kumar under various provisions of the IPC including
Sections 302 (murder), 395 (dacoity), 427 (mischief to
property), 153A (promoting enmity between different
communities) after finding prima facie evidence against him.
The framing of charges will pave the way for trial in
the 26-year-old case. The Delhi High Court had in February
this year issued direction to the lower court to complete the
trial of anti-Sikh riots cases within six months.
CBI has accused Kumar of provoking people against members
of a particular community during the carnage that followed the
assassination of Prime Minister Indira Gandhi on October 31,
1984, leading to the killing of five persons in Delhi
In his defence, Kumar had claimed before the lower court
that the accounts of CBI witnesses were not reliable as they
had changed their versions a number of times.
The former Outer Delhi MP had also contended that the
case against him could not stand as CBI re-registered it even
though a Delhi court had given him a clean chit, accepting a
cancellation report filed by Delhi Police.
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 communal