HC allows Sajjan to use riot victim’s statement
The Delhi High Court on Friday allowed Congress leader Sajjan Kumar’s plea to use a 1984 anti-Sikh riots victim’s statement to judicial commissions to defend himself.delhi Updated: Aug 04, 2012 01:19 IST
The Delhi High Court on Friday allowed Congress leader Sajjan Kumar’s plea to use a 1984 anti-Sikh riots victim’s statement to judicial commissions to defend himself.
Kumar had filed an appeal against the trial court’s denial of permission to use victim Jagdish Kaur’s statement to Nanavati and Justice Rangnath Mishra commissions which probed the riots.
Kumar contends that Kaur had made contradictory statements before both the commissions and so he should be allowed to confront her with those statements.
Setting aside the trial court's June 2 order dismissing Kumar’s plea, Justice Pratibha Rani asked all the parties to appear before the trial court on August 6.
The trial court had dismissed Kumar’s plea, saying Kaur’s statements to judicial commissions cannot be used during the trial.
The CBI had opposed Kumar’s plea saying that as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission cannot be used against any witness.
Kumar had contended that if the prosecution and the witness could use the affidavits filed before Ranganath Commission and Nanavati Commission, there is no law which forbids him from confronting them.
Kumar is facing trial along with Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal for his alleged role in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
Kumar is accused of instigating a mob to attack and kill the Sikhs.
The case against Kumar was lodged on the recommendation by the Nanavati Commission. The CBI had filed two chargesheets against him and others in January 2010.
The trial court, which is presently recording statements of witnesses, 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 the Indian Penal Code.