Senior Congress leader Sajjan Kumar on Tuesday moved the Delhi High Court, challenging the trial court's order dismissing his plea to use the statement of a victim given before a judicial commission to defend himself in a 1984 anti-Sikh riots case.
The trial court had dismissed Kumar's plea on June 2 which had said witness Jagdish Kaur's statements to judicial commissions cannot be used for any purpose. Kumar's petition is listed for hearing before a vacation bench of Justice SP Garg on Wednesday.
Kumar said the earlier affidavits and statements of complainant and key witness Jagdish Kaur to the judicial commission should be allowed to be used to confront her with her recent testimony in the ongoing trial.
The former Delhi MP had said CBI prosecutor RS Cheema on July 12, 2010 had told the court that Kaur's affidavits and statement, recorded by GT Nanavati and Ranganath Mishra Commissions, cannot be used because of contradictions.
Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in the killings of six people in Delhi Cantonment area during the 1984 carnage.
They are accused of instigating a mob to attack and kill Sikhs. The case against Kumar was registered on the recommendation by Nanavati Commission.