A Delhi court on Saturday turned down Congress leader Sajjan Kumar's plea to confront witnesses using their affidavits submitted before judicial commissions in the 1984 anti-Sikh riots case.
Facing trial in the 1984 anti-Sikh riots case, Kumar wanted to use the earlier affidavits and statements of complainant and key witness Jagdish Kaur to confront her with her testimony in the trial.
District judge JR Aryan, however, said that the witness' statements to judicial commissions cannot be used for any purpose.
Section 6 of the Commissions of Inquiry Act puts a bar on use of statements made by the witness before the commission.
Sajjan Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in the killings of six people during the 1984 carnage, which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.
"It is therefore clear that without going into the wider questions, even a plain reading of section 6 of the Commissions of Inquiry Act will prohibit the use of the previous statements in the trial either for the purposes of cross examination to contradict the witness or to impeach his credit," the court said.
The application arose out of the prosecution's objections to the cross examination of key witness Jagdish Kaur on July 12, 2010 and the usage of previous affidavits submitted to Ranganath Commission and Nanawati Commission to confront her. The objection had been kept open.
The trial court had framed charges against Sajjan Kumar and five others in 2010 under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC.