Congress leader Sajjan Kumar and three others, facing trial in a 1984 anti-Sikh riots case, on Wednesday opposed in a court here the plea of a Delhi government official that he be exempted from producing the complete file relating to grant of sanction to prosecute the former MP.
In a counter affidavit filed before district judge JR Aryan, Kumar said the prosecution cannot withhold documents as the court has to see whether sanction granted by government to prosecute the accused was valid or not.
Kumar's affidavit claimed the statement of prosecution witness Vishwendra Singh, the then deputy secretary (home) of city government and now private secretary of the Lieutenant Governor of Delhi, was misleading that "he had proved the order of sanction dated January 1, 2010, issued by the order of Lieutenant Governor of Delhi".
"The defence had asked specifically to supply copies of the documents, which are relied upon by the prosecution in their deposition before the court to ensure proper cross- examination as to whether the investigation conducted or the material relied upon is sufficient to proceed with the case.
"It is a sort of mini-trial to arrive at just decision. Thus, there is nothing in public interest not to disclose the same. Had it been so, he could never bring it to depose before the court," the affidavit filed through advocate Anil Sharma said.
The court asked the CBI to file its response, if any, and fixed February 12 for orders on the issue of granting privilege to the witness for not producing the complete file.
Singh is a formal prosecution witness, who has been brought by the CBI to prove that sanction was given to prosecute Sajjan Kumar and other accused under Sections 153-A (causing disharmony between different communities) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) of the IPC.
Sanction for prosecution of accused charged under Section 153-A (causing disharmony between different communities) is mandatory.
Apart from Sajjan Kumar, Brahmanand Gupta, Peru and Ved Prakash are also facing trial for charges of murder and rioting in connection with the case of killing of Surjit Singh in the Sultanpuri area in the riots that had occurred after the assassination of then prime minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.