A city court has sought a response from the Central Bureau of Investigation (CBI) in a plea by Congress leader Sajjan Kumar, accused in the 1984 anti-Sikh riots case, on whether witnesses can be confronted with their affidavits submitted before two commissions of inquiry that was constituted to examine the riot cases.
On an application filed by Sajjan Kumar, district judge JR Aryan on May 15 issued a notice to the CBI and gave the agency time to respond by May 19.
Sajjan Kumar's counsel IU Khan claimed the CBI had earlier brought on record the complainant and key prosecution witness Jagdish Kaur's affidavit that was submitted to the Ranganathan Mishra Commission of Inquiry and Nanavati Commission of Inquiry. The agency had examined the affidavit then but now wasn't relying on the documents saying it cannot be used because of contradictions.
"While leading evidence, the prosecution (CBI) relied upon these two affidavits and statement of Jagdish Kaur and got proved affidavits filed before Ranganathan Mishra Commission of Inquiry and Nanavati Commission of Inquiry from her on July 2, 2010. How can the CBI say these documents cannot be used," the counsel asked. He added the trial court, while framing charges against the accused, had also relied on these documents.
"These three documents, which were collected by the CBI, relied upon during investigation, filed along with the chargesheet, were also relied upon by the prosecution at the time of argument. In fact on the basis of these documents, the trial court has framed charges against the six accused. They form the basis of framing of charges," he said.
The case was listed for advancement of final arguments by the accused but the counsel pleaded the court to first decide whether the documents could be relied upon. Sajjan Kumar is facing trial in the killings of six people in Delhi Cantonment area during the 1984 carnage.