New Delhi, July 3 (IANS) The Delhi High Court Tuesday refused to stay the proceedings in a trial court against Congress leader Sajjan Kumar in an 1984 anti-Sikh riots case.
Sajjan Kumar moved the high court challenging the trial court order that disallowed him to use a statement of complainant and key witness in the case to defend himself.
The trial court in its order dismissed his claim that the probe agency ignored documents given by the witness.
Justice Pratibha Rani refused to stay the proceeding but said that till the outcome of Sajjan Kumar’s appeal the trial court will not pass any verdict till July 27, the next date of hearing in high court.
The trial court is hearing the case against Sajjan Kumar and five others accused of inciting mobs against the Sikh community during the riots that broke out after the assassination of then prime minister Indira Gandhi Oct 31, 1984. The next date in the trial court for final arguments is July 12.
The trial court June 2 dismissed the plea of Sajjan Kumar who said that the affidavits and statements of witness Jagdish Kaur, given earlier 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 Congress leader said that CBI prosecutor R.S. Cheema made a statement in the court July 12, 2010 that affidavits of witness (Kaur) in the case and statement to 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.
