Sajjan to be charged with murder
Sajjan to be charged with murder
A Delhi court on Saturday allowed the Central Bureau of Investigation’s plea to begin prosecution proceedings against Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case. The court also ordered that charges be framed against him under various sections of the IPC.
After finding prima facie evidence against Kumar, Additional Sessions Judge Sunita Gupta said the charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153-A (promoting enmity between different communities) will be framed formally on May 18.
The Delhi High Court had earlier issued directions to complete the trial in cases relating to the riots within six months.
The CBI, which had taken up the case in 2005, has accused Kumar of inciting the mob during the riots leading to the murder of hundreds of Sikhs. His actions also led to the killing to five persons in the Delhi Cantonment, it had said.
Kumar had, however, claimed before the court that the witnesses whose statements the CBI had used to file the chargesheet had changed their versions many times and were hence unreliable. He also said the case against him didn’t stand as he had been given a clean chit by a Delhi court that had accepted a cancellation report filed by the Delhi Police.
Countering Kumar’s arguments, the CBI said the trials had been taken up individually and since no witness deposed in the courts, it had relied substantially on the police version.
The CBI had also argued for pressing sedition charges against the former Congress MP.
On Saturday, the CBI told the court that it has reserved the right to press the charge. “We have only said till there is no sanction from the competent authority, which is the Home ministry, we won’t press sedition charges though we have argued in the court about this,” a CBI counsel said.
Besides Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.
Earlier this year, the CBI had filed two chargesheets against Kumar and others on the recommendation of Justice G T Nanavati Commission.
According to those involved in the case proceedings, the charge for criminal conspiracy is grave. “There is a conspiracy charge that has been pressed. The conspiracy charge provides a much bigger canvas. Punishment can go up to a death sentence,” the CBI counsel said.
In Amritsar, Jagdish Kaur, a core witness in the anti-Sikh riots of 1984, said the court order took a long time to come. “Twenty-six years have passed but I have faith in courts. I was so angry. I had nothing left. My sons were killed, my husband was killed. I lost everything,” she said over the phone.
Kaur has deposed before the Nanavati Commission and the CBI.
The cases
* CBI has filed chargesheets in two cases: killing of five persons in Delhi Cantonment; death of many people in Sultanpuri riots
* Chargesheet filed after Lieutenant-Governor Tejendra Khanna sanctioned prosecution in December
* Sanction necessary as Kumar is a former parliamentarian and the CBI intended to charge him under Section 153 (A) of the IPC (spreading enmity between communities)
Sajjan to be charged with murder
A Delhi court on Saturday allowed the Central Bureau of Investigation’s plea to begin prosecution proceedings against Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case. The court also ordered that charges be framed against him under various sections of the IPC.
After finding prima facie evidence against Kumar, Additional Sessions Judge Sunita Gupta said the charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153-A (promoting enmity between different communities) will be framed formally on May 18.
The Delhi High Court had earlier issued directions to complete the trial in cases relating to the riots within six months.
The CBI, which had taken up the case in 2005, has accused Kumar of inciting the mob during the riots leading to the murder of hundreds of Sikhs. His actions also led to the killing to five persons in the Delhi Cantonment, it had said.
Kumar had, however, claimed before the court that the witnesses whose statements the CBI had used to file the chargesheet had changed their versions many times and were hence unreliable. He also said the case against him didn’t stand as he had been given a clean chit by a Delhi court that had accepted a cancellation report filed by the Delhi Police.
Countering Kumar’s arguments, the CBI said the trials had been taken up individually and since no witness deposed in the courts, it had relied substantially on the police version.
The CBI had also argued for pressing sedition charges against the former Congress MP.
On Saturday, the CBI told the court that it has reserved the right to press the charge. “We have only said till there is no sanction from the competent authority, which is the Home ministry, we won’t press sedition charges though we have argued in the court about this,” a CBI counsel said.
Besides Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.
Earlier this year, the CBI had filed two chargesheets against Kumar and others on the recommendation of Justice G T Nanavati Commission.
According to those involved in the case proceedings, the charge for criminal conspiracy is grave. “There is a conspiracy charge that has been pressed. The conspiracy charge provides a much bigger canvas. Punishment can go up to a death sentence,” the CBI counsel said.
In Amritsar, Jagdish Kaur, a core witness in the anti-Sikh riots of 1984, said the court order took a long time to come. “Twenty-six years have passed but I have faith in courts. I was so angry. I had nothing left. My sons were killed, my husband was killed. I lost everything,” she said over the phone.
Kaur has deposed before the Nanavati Commission and the CBI.
The cases
* CBI has filed chargesheets in two cases: killing of five persons in Delhi Cantonment; death of many people in Sultanpuri riots
* Chargesheet filed after Lieutenant-Governor Tejendra Khanna sanctioned prosecution in December
* Sanction necessary as Kumar is a former parliamentarian and the CBI intended to charge him under Section 153 (A) of the IPC (spreading enmity between communities)
