Anti-Sikh riots: HC seeks CBI reply on Sajjan's plea

The Delhi high court on wednesday asked the Central Bureau of Investigation to reply to Congress leader Sajjan Kumar's petition against a trial court's order which had dismissed his plea to let him use a 1984 anti-Sikh riots victim's statements to the judicial commissions in past to defend himself.

"You file a short reply to the petition," Justice S P Garg said and fixed the matter for further hearing on July 3.

Justice Garg said that there was no urgency to rush to the high court during the vacation as the trial judge has fixed the matter for hearing on July 13.

Kumar's plea was dismissed on June 2 by the trial court which had said the witness Jagdish Kaur's statements to the judicial commissions cannot be used for any purpose, including that for discrediting her testimony or to impeach her.

The Congress leader, in his plea, had said the affidavits and statements of the complainant and key witness Jagdish Kaur, given earlier to the judicial commissions that probed the riots, should be allowed to be used to confront her with her recent testimony in the ongoing trial.

The former Delhi member of Parliament had filed an application saying the CBI prosecutor R S Cheema on July 12, 2010 had told the court that Jagdish Kaur's affidavits and statement to G T Nanavati and Ranganath Mishra Commissions, cannot be used because of contradictions.

The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission cannot be used against her for the purpose of questioning her testimony.

According to Kumar, if the prosecution and the witness would use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids the defence from confronting them.

Sajjan Kumar is facing trial along with Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal for his alleged role in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

Kumar is accused of instigating a mob to attack and kill the Sikhs.

The case against Kumar was lodged on the recommendation by Nanavati Commission. The CBI had filed two charge sheets against him and others in January 2010. The trial court had framed charges against Sajjan Kumar and five others in 2010 under sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of the Indian Penal Code.