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August 12, 1998

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Fresh court notice against H K L Bhagat

The Delhi high court on Wednesday directed that the show-cause notice issued to senior Congress leader H K L Bhagat in connection with a 1984 anti-Sikh riot case should be served on him in person.

If that was not possible, the notice should be affixed at the entrance to his premises, the court said.

The direction came during the hearing of an appeal by the state government which challenged the trial court's order rejecting the prosecution plea for summoning and examining two fresh 'eye-witnesses' to the 'killing' of the husband of Satnami Bai, allegedly at Bhagat's instance.

The case against Bhagat has been pending for the past two-and-a-half years.

As the Congress leader was unrepresented before the court on Wednesday even though he was issued notices on July 20, Justice J B Goel issued fresh notices and directed that the station house officer of the area where Bhagat resides should personally serve it.

The next hearing is on August 31.

While rejecting the prosecution's 10-month-old plea for summoning of the 'eye-witnesses', Babu Singh and Balwant Singh, Special riots Judge O P Dwivedi had fixed July 20 as the date for recording Bhagat's statement. This would have marked the beginning of the conclusion of the case. However, on the same date, the government moved the Delhi high court and got a stay on the trial court's order.

The prosecution had asked the trial court to summon the two witnesses under section 311 (a court's power to summon and examine material witnesses at any stage) of the Criminal Procedure Code.

UNI

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