Kumar, in his plea, had said the affidavits and statements of complainant and key witness Kaur, given to the judicial commissions, should be allowed to be used to confront her with her recent testimony in the ongoing trial.
Kumar had filed an application in the trial court saying the CBI prosecutor R S Cheema on July 12, 2010 had told the court that Kaur's affidavits and statement to G T Nanavati and Ranganath Mishra Commissions, cannot be used because of the contradictions in them.
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 CBI and the witness would use the affidavits filed before the commissions, then there is no law which forbids the defence from confronting them.
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 PM Indira Gandhi on October 31, 1984.
Kumar is accused of instigating a mob to attack and kill the Sikhs. The case against him was lodged on Nanavati Commission's recommendation. The CBI had filed two chargesheets against him and others in January 2010.
The trial court had framed charges against 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.
I have right to confront witnesses, says Sajjan
CBI playing hide and seek in 1984 riots case: Sajjan Kumar
Sajjan Kumar conspired with police during 1984 riots: CBI
They lost their childhood to the 1984 riots
Anti-Sikh riots: HC seeks CBI reply on Sajjan's plea