On Monday, the Delhi High Court reserved its judgement on Sajjan Kumar’s anticipatory bail plea, effectively making the Congress leader’s arrest imminent. Kumar has been chargesheeted in two anti-Sikh riots cases of 1984.
The reservation of the order by Justice A.K. Pathak assumes significance since a deadline—in the form of non-bailable warrant—given by a lower court to the CBI to arrest and produce Kumar before it ends on Tuesday. The warrant was issued on February 17 after Kumar did not appear before the lower court in response to a summons.
However, in case Kumar does not surrender before the court on Tuesday, the judge can only issue a fresh NBW against him. Kumar has been charged under various non-bailable IPC sections including murder and instigating mob for rioting.
During the hearing, Justice Pathak made some pro-Kumar observations but at the end of the day there was none. The judge had said “a person cannot be left without a remedy” as when he appears before the Magistrate, he will not get bail as he is not empowered to grant it in murder cases. So, in such cases some protection is made out till the case is transferred to a Sessions Court where the judge can grant bail.
Meanwhile, Kumar’s lawyer I.U. Khan told the court that his client was willing to undergo tests like lie detector or narco-analysis to prove his innocence. He said arrest wasn’t necessary as interrogation was over and even the chargesheet was ready.
The CBI contended that his arrest was necessary as otherwise Kumar might try to influence witnesses.