A district judge today allowed a plea of a sessions judge to transfer a 1984 anti-Sikh riots case allegedly involving senior Congress leader Sajjan Kumar.
District Judge Bimla Makin decided to hear the matter herself on June 2 after receiving a request along with details related to specific reasons from Additional Sessions Judge V K Goyal in a sealed envelop.
The court passed the order to transfer the case after being satisfied with the reasons given by ASJ Goyal.
It directed the envelop containing the reasons to be sealed again saying the document shall not be opened again except by the order of the High Court.
Additional Sessions Judge V K Goyal was to pronounce the order on an application of the prosecution seeking direction with regard to a chargesheet prepared by police against Kumar but never submitted before a judicial officer.
On May 24, the judge, who was to deliver the order on whether directions could be issued to the police to file the chargesheet before a competent court, decided to send the file to the district judge for transferring it to another court.
"Due to some personal reasons, I do not want to try and adjudicate this matter. Let the file be placed before learned District Judge VIII with a request to transfer the same to some other court of competent jurisdiction," ASJ Goyal had said.
But the District Judge had on May 24 asked ASJ Goyal to spell out the reasons for expressing his inability to adjudicate the case and forward his reply in a sealed cover on May 31.
The court was on April 21 told that the chargesheet against the former outer Delhi MP in the 1984 anti-Sikh riots case allegedly citing sufficient evidence to proceed against him was prepared but never brought before a judge to seek his prosecution.
"The chargesheet was prepared in the case based on FIR number 67/87 in police station Nangloi, naming Sajjan Kumar as accused on April 8, 1992, but it was dumped in the police file and never brought before the court," Special Public Prosecutor B S Joon had submitted before the court.
The FIR was clubbed with another riots case in which the trial was already going on before the court, he had said.
During the arguments, senior counsel H S Phoolka, appearing for the riot victims, had submitted that the chargesheet should be filed before the court concerned and summons be issued against the accused to face trial.
Joon, appointed by the Delhi High Court to deal with the 1984 riots cases, had also told the ASJ Goyal that the chargesheet specifically mentioned that there was sufficient evidence to proceed against Kumar but no action was taken against him stating that his arrest might create a law and order problem.
Meanwhile, another sessions court heard arguments on framing of charges against the politician in a case registered on the recommendation of Justice G T Nanavati Commission. It will continue on Tuesday.