The Delhi High Court today reserved its verdict on several pleas, filed separately by Congress leader Sajjan Kumar and others, against a trial court order framing charges in the 1984 anti-Sikh riots case.
The case relates to the killings of six persons in Delhi's Sultanpuri area.
Justice Suresh Kait, who had deferred the pronouncement of the judgement on April 29 saying further hearing was required, today reserved his verdict again after the counsel for the riots victim sought framing of additional charge of criminal conspiracy against the Congress leader and other co-accused.
The counsel for Sajjan Kumar, however, opposed the conspiracy charge saying no witnesses had alleged the leader conspired with others in the commission of offence.
Initiating the arguments, senior advocate HS Phoolka, appearing for complainant Sheela Kaur, said "there is ample evidence against the accused for the charge under 120B (conspiracy) of the IPC to be framed against them.
"All the accused were in conspiracy with each other to attack and kill the Sikhs."
"Sajjan Kumar started his speech instigating the mob of about 300-400 persons on the morning of October 1, 1984 to kill the people of Sikh community as Sikhs had killed Smt Indira Gandhi and to loot and burn their houses," Phoolka said referring to the charge sheet.
The charge of conspiracy was made out as the leader had made provocative speech and then the mob acted in furtherance of their common design in killing the Sikhs, he said, adding the lower court's order of not invoking the charge was "illegal".
"Sajjan Kumar started his speech instigating the mob of about 300-400 persons on the morning of October 1, 1984 to kill the people of Sikh community as Sikhs had killed Smt Indira Gandhi and to loot and burn their houses," Phoolka said referring to the charge sheet.
The charge of conspiracy was made out as the leader had made provocative speech and then the mob acted in furtherance of their common design in killing the Sikhs, he said, adding the lower court's order of not invoking the charge was "illegal".
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