The Hindu : Front Page : High Court revives 1984 anti-Sikh riots case against Sajjan Kumar

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Tuesday, Mar 06, 2007
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High Court revives 1984 anti-Sikh riots case against Sajjan Kumar

Nirnimesh Kumar

CBI appeal against acquittal of 10 accused admitted; day-to-day hearing from today

IN THE DOCK: Congress MP Sajjan Kumar.

NEW DELHI: The Delhi High Court on Monday admitted an appeal by the Central Bureau of Investigation against acquittal of Congress Member of Parliament Sajjan Kumar, party MLA Jai Kishan and eight others in a 1984 anti-Sikh riots case at Sultanpuri in North-West Delhi.

The riots had broken out in the wake of the then Prime Minister Indira Gandhi's assassination on October 31, 1984.

Admitting the appeal, a Division Bench of the High Court comprising Justice Manmohan Sarin and Justice S. L. Bhayana said it would hear the case on a day-to-day basis from Tuesday.

The Bench also granted bail to Sajjan Kumar and the other accused on furnishing bail bonds of Rs. 15,000 with one surety of like amount by each of them.

The High Court had in 2004 condoned the delay on the part of the CBI in filing the appeal.

Besides the CBI appeal, there are four revision petitions in the riots cases against Sajjan Kumar. The Bench will hear them along with the appeal.

While seeking admission of the appeal, CBI counsel R. M. Tewari submitted that there had been miscarriage of justice in the trial court.

He further submitted that the trial court had acquitted Sajjan Kumar and the other accused in the case without a cogent reason since it did not evaluate the statements of the prosecution witnesses properly.

Then Additional Sessions Judge Manju Goel had acquitted the accused in December 2002.

Acquitting the accused, Ms. Goel had said: "The prosecution (CBI) has miserably failed to prove the case against them.''

Quoting a relevant paragraph of the statement recorded by Anwar Kaur on whose statement on oath the case was registered, Ms. Goel had said Anwar Kaur was not sure in her statement whether Sajjan Kumar was leading the mob which had lynched her husband, Nevin Singh, at Sultanpuri on November 1, 1984, after indulging in arson and loot. There were a total of 13 accused in the case. Three of them died during the trial.

Ms. Kaur in her statement had said that a mob instigated by Sajjan Kumar had killed her husband in front of her residence.

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