New Delhi: A Delhi court was on Saturday told that
a chargesheet against Congress leader Sajjan Kumar in a 1984
anti-Sikh riots case citing sufficient evidence to proceed
against him was prepared but it never brought before a judge
to seek his prosecution.
"The chargesheet was prepared in the case FIR number
67/87 in police station Nangloi, naming Sajjan Kumar as
accused on April 8, 1992 but it was dumped in the police file
and never brought before the court," Special Public Prosecutor
B S Joon submitted before Additional Sessions Judge V K Goyal.
The FIR was clubbed with another riots case in which the
trial was going on before the court, he said.
The Special prosecutor, appointed by the Delhi High Court
to deal with the 1984 riots cases, also told the court that
the chargesheet specifically mentioned that there was
sufficient evidence to proceed against former outer Delhi MP
but no action was taken against him stating that his arrest
may create law and order problem.
Additional DCP Rajiv Ranjan, who appeared before the
court to give an explanation on the matter, said the two cases
relating to the incidents were clubbed on legal opinion
provided by the prosecution branch.
Prosecutor Joon said the police were not empowered to
club cases and it was the sole prerogative of the court to
decide such issues.
The court fixed the matter for further proceedings for
May 15.
It had earlier issued notice to investigating officer
Additional DCP Ranjan on an application filed by the
prosecution seeking details of the two riots cases registered
at Nangloi police station in 1987 and 1991.
The two cases were clubbed by the Investigating Officer
and the name of a former outer Delhi MP figured in one of them
FIR.
The prosecutor alleged the non-prosecution of the accused
in the FIR would amount to "miscarriage" of justice.
Kumar has already been put in the dock as two
chargesheets with regard to his alleged role in the killings
in the riots, that followed the assassination of the then
Prime Minister Indira Gandhi on October 31, 1984, had been
filed by CBI in different courts in the national capital.
PTI
First Published: Saturday, April 17, 2010, 18:40