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1984 riots case: Trial court didn’t consider Sajjan Kumar’s conviction while granting him bail, SIT tells Delhi HC
The SIT has challenged the bail granted to former Congress MP Sajjan Kumar in a 1984 Sikh riots case, stating that the trial court did not consider his conviction in another case. The matter will be further heard on November 20, 2023.
The special investigation team (SIT) on Tuesday said before the Delhi high court that the trial court while granting bail to former Congress MP Sajjan Kumar did not consider his conviction in another 1984 Sikh riots case. The SIT has challenged the bail granted to Sajjan Kumar in a riot case related to killing in Saraswati Vihar area in November 1984.
The trial court judge had noted that his name was first mentioned seven years after the incident.
Advocate Ajay Digpaul appeared for the SIT and submitted before justice Dinesh Kumar Sharma that the trial court did not consider the fact of his conviction and sentence in Delhi Cantt riots case while granting bail to Sajjan Kumar. The trial court also made some observations which were not required at the time of granting bail to the respondent.
SIT’s counsel further argued that all prosecution witnesses have supported the case prosecution and there is clinching evidence against respondent Sajjan Kumar. He also argued that respondent’s bail plea on medical ground was dismissed by the Supreme Court.
On the other hand, advocate Anil Kumar Sharma and Anuj Sharma, counsels for Sajjan Kumar, argued that the bail granted by the court can be cancelled only on the ground of violation of bail conditions imposed by the court. In this case, there is no violation as the respondent is in jail serving a sentence.
Secondly, they argued, the trial court had also granted bail in another FIR investigated by the SIT. The bail was upheld by the Delhi high court. It was challenged and the matter is in the Supreme Court for the past many years.
After hearing the arguments of the counsel, the high court listed the matter for further hearing on November 20, 2023.
At the trial court, matter is at the final evidence and listed in August 2 for recording of statement of investigation officer (IO).
On the last hearing on March 21, it was argued that there is no infirmity in the order granting him bail and there is no ground given by the SIT for cancellation of bail in a riots case.
Sajjan Kumar is serving life sentence in another matter related to anti-Sikh riots of 1984.
The SIT has challenged the bail order passed by Special MP and MLA Court.
Sajjan Kumar is lodged in jail after his conviction by the Delhi HC in 2018 in another riots-related case. He was awarded a life jail sentence by the HC. Earlier, he was acquitted by the Karkardooma Court.
The SIT, investigating riots-related cases, has challenged the bail order passed by special judge MK Nagpal on April 27, 2022.
