SC stays trial court proceedings against Sajjan
In a relief to senior Delhi Congress leader and former MP Sajjan Kumar, the Supreme Court on Wednesday stayed the trial court proceedings against him in a 1984 anti-Sikh riots case.delhi Updated: Jul 12, 2012 02:03 IST
In a relief to senior Delhi Congress leader and former MP Sajjan Kumar, the Supreme Court on Wednesday stayed the trial court proceedings against him in a 1984 anti-Sikh riots case.
Final arguments on the part of accused were to commence before the trial court on Thursday.
A bench headed by justice P Sathasivam directed the judge not to proceed with the trial till July 27 when the Delhi high court would take up Kumar's plea to cross examine some witnesses with their statements before Mishra Commission and Nanavati Commission.The court's direction came on Kumar's appeal against a Delhi HC order refusing to stay the trial against him.
Kumar's counsels Uday Lalit and Vineet Malhotra said since many of the witnesses had changed their testimonies made before the two commissions, Kumar should be allowed to confront them with regard to those statements.
The CBI counsel vehemently opposed Kumar's appeal, terming it "delaying tactics".
But the bench stayed the proceedings and directed the high court to hear Kumar's petition expeditiously.
Kumar had moved the high court against the trial court order refusing to allow him to use a riot victim's statements before judicial commissions to defend himself.
The trial court had dismissed his plea saying, witness Jagdish Kaur's statements to the judicial commissions cannot be used for any purpose, including that for discrediting her testimony.
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 the then Prime Minister Indira Gandhi on October 31, 1984.
Kumar is accused of instigating a mob to attack and kill the Sikhs.
The trial court had framed charges against Kumar and five others in 2010 under sections 302 , 395 , 427, 153A and other provisions of IPC.