A Delhi court on Saturday reserved its order on a plea of Congress leader Sajjan Kumar in a case against him saying that the probe agency (CBI) was not relying upon certain documents of the complainant and key prosecution witness in the case.
The court was hearing final arguments in a case against Sajjan Kumar and five others accused of inciting mobs against the Sikh community during the riots that broke out after the assassination of then prime minister Indira Gandhi October 31, 1984.
District Judge J.R. Aryan put up the matter for order June 2 after the defence counsel and Central Bureau of Investigation (CBI) counsel concluded their argument.
Sajjan Kumar's counsel, IU Khan had moved an application on May 15 saying that the probe agency is not relying upon certain documents of the complainant and key prosecution witness in the case, Jagdish Kaur. Earlier, the CBI brought her evidence on record.
Khan has said that prosecutor RS Cheema had on July 12, 2010, made a statement to the court that affidavits of a witness in the case cannot be used as they are contradictory.
The prosecuting agency relied upon these two affidavits and statement of Jagdish Kaur filed before the Ranganath Mishra Commission of Inquiry and the Nanawati Commission of Inquiry on July 12, 2010, he has said.
The trial court, while framing charges against the accused, had also relied on these documents, Khan has said.
The CBI has opposed Sajjan Kumar's plea and said it took objection in 2010 to Jagdish Kaur's affidavits and statements, filed before the Ranganath Misra Commission and the GT Nanavati Commission, set up to probe the riots, but the accused had not said anything at that time.