Congress leader Sajjan Kumar and five others, facing trial in a 1984 anti-Sikh riots case, on Monday concluded their final arguments in a Delhi court, where they questioned the conduct of the complainant and key witness and accused her of often changing her stand.
The CBI had commenced final arguments in the case on March 31 last year.
The Delhi high court in February 2010 had ordered quick disposal of all pending 1984 anti-Sikh riots cases, including that of Congress leaders Sajjan Kumar and Jagdish Tytler, and had said that they should be concluded within six months in the lower courts.
Concluding the arguments, advocate Anil Sharma, appearing for Sajjan and other accused, told district judge JR Aryan that "as the case does not stand on its fact, it cannot succeed on law point also".
The counsel questioned the conduct of the complainant and key witness Jagdish Kaur, who had lost five of her family members during the riots in 1984.
He argued that Jagdish Kaur in her statements to judicial commissions, set up to probe riot-related cases, had said that she did not take the name of Sajjan Kumar earlier as she was "scared and the situation was anti-Sikh" that time.
"Whereas, during cross examination before the trial court, she had said when she gave her affidavit to the commissions, she was not scared and was not concealing anything. She had also said that she had taken Sajjan Kumar's name before the Delhi Police but it did not record it. This shows she had changed her stand in the court," the counsel said.
The court has fixed February 19 for the CBI to rebut the arguments advanced by the defence.
Sajjan Kumar is facing trial along with five others, namely Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal, for allegedly inciting a mob against the Sikh community in Delhi cantonment. The case relates to anti-Sikh riots that had broken out after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.