A Delhi court today allowed a plea of Congress leader Sajjan Kumar to file his reply to CBI's application that has pointed out typographical error in the order on framing of charges against him in a 1984 anti-Sikh riots case.
Additional Sessions Judge Sunita Gupta gave Kumar time till May 19 to respond to CBI's contention that there was a typographical error with regard to a Section of the Indian Penal Code (IPC) in the order on charges pronounced by the court.
In an application, CBI counsel D P Singh requested the court to bring changes to rectify the error saying that in the order on charges, Section 339 (wrongful restraint) has been mentioned instead of section 449 (house trespass).
Kumar's counsel I U Khan sought a copy of CBI's application and requested the court to give it to him to file the reply, which was permitted.
The ASJ had on May 15 ordered framing of charges against Kumar under various provisions of the IPC including Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153A (promoting enmity between different communities) after finding prima facie evidence against him.
The framing of charges will pave the way for trial in the 26-year-old case. The Delhi High Court had in February this year issued direction to the lower court to complete the trial of anti-sikh riots cases within six months.
CBI has accused Kumar of provoking people against members of a particular community during the carnage that followed the assassination of Prime Minister Indira Gandhi on October 31, 1984, leading to the killing of five persons in Delhi Cantonment area.
In his defence, Kumar had claimed before the lower court that the accounts of CBI witnesses were not reliable as they had changed their versions a number of times.
The former Outer Delhi MP had also contended that the case against him could not stand as CBI re-registered it even though a Delhi court had given him a clean chit, accepting a cancellation report filed by Delhi Police.
Besides Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.
CBI had filed two chargesheets against Kumar and others on January 13 in the riots cases registered in 2005 on the recommendation of Justice G T Nanavati Commission which inquired into the sequence of events leading to the communal riots.