New Delhi, July 3 (IANS) The Delhi High Court Friday allowed Congress leader Sajjan Kumar’s plea to use the statements of a victim of the 1984 anti-Sikh riots to defend himself.
Justice Pratibha Rani set aside the June 2 trial court order that dismissed Sajjan Kumar’s plea and asked all parties to appear before the trial court Aug 6.
Sajjan Kumar is accused of instigating a mob to attack and kill Sikhs after the assassination of then prime minister Indira Gandhi on Oct 31, 1984.
Sajjan Kumar had moved the high court challenging the trial court order that disallowed him to use a statement of complainant and key witness Jagdish Kaur to defend himself.
The trial court is hearing the case against Sajjan Kumar and five others accused of inciting mobs against the Sikh community during the riots.
Sajjan Kaur had said that Jagdish Kaur’s affidavits and statements given to judicial commissions that probed the riots should be allowed to be used to confront her with her recent testimony in the ongoing trial.
The former Lok Sabha member from Delhi said that CBI prosecutor R.S. Cheema had made a statement in court July 12, 2010, that Jagdish Kaur’s affidavits in the case and statement to the G.T. Nanavati and Ranganath Misra Commissions, which inquired into the riots, could not be used as they were contradictory.
The CBI said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission could not be used against her for the purpose of questioning her testimony.
The case against Sajjan Kumar was lodged on the recommendation by the Nanavati Commission. In January 2010, the CBI filed two charge sheets against him and others.
Sajjan Kumar and five others were booked under sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153-A (promoting enmity between different communities) and other provisions of the Indian Penal Code.
