A single-judge bench of the Delhi High Court, comprising of Justice Siddharth Mridul, today (16 September) suspended proceedings in a trial against Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case. The court put on hold the proceedings after victims of the alleged incident filed a petition for transfer of the case from District and Sessions Judge Kamlesh Kumar to any other competent court. The court was hearing a plea filed by complainant Joginder Singh and prosecution witness Sheela Kaur, seeking tranfer of the matter.
The victim’s counsel H.S. Phoolka said trial court judge Kamlesh Kumar on September 10 did not record the statement of witness Kaur in a “correct sense”.
Phoolka apprised the court that many times the special public prosecutor raised objections to what was being recorded, saying it was not the correct version of what was stated by the witness. He said the transfer of the case was imperative for meeting the ends of justice and a fair and impartial trial cannot be held in such circumstances.
The court issued notice to Sajjan Kumar and the Central Bureau of Investigation to file replies on the victims’ plea.
“In view of the above and in terms of the dictum that justice should not only be done but should be seen to be done, it would be just necessary and expedient to stay the trial in sessions case titled ‘CBI vs. Sajjan Kumar and others’ pending before the sessions court, Karkardooma courts, Delhi, till the next date of hearing,” Justice Mridul said.
The court slated the matter for October 12 as the next date of hearing.
It is noteworthy that Sajjan Kumar, Brahmanand Gupta and Ved Prakash are facing trial in connection with the killing of men in Sultanpuri area in west Delhi during the anti-Sikh riots that erupted after then prime minister Indira Gandhi was assassinated by her security guards. The trial court had framed various charges, including those of murder and rioting, against them.
The CBI filed two charge sheets against Sajjan Kumar and the others in January 2010 in riots cases registered in 2005 on the recommendation of the Justice G.T. Nanavati Commission, which had probed the sequence of events leading to the violence.
