New Delhi, Sep 7 (IANS) The Central Bureau of Investigation (CBI) Tuesday told the Supreme Court that it took up investigations into the 1984 anti-Sikh riot case allegedly involving Congress leader Sajjan Kumar after Prime Minister Manmohan Singh assured parliament of an independent probe into the matter.
There were several commissions that looked into various dimensions of the anti-Sikh riots of 1984 and clearly pointed out that the investigations into the carnage cases by Delhi police were not of the expected standards, the CBI told an apex court bench of Justice P. Sathasivam and Justice Anil R. Dave.
The prime minister had given the assurance to parliament on a probe by an independent agency following a debate on Justice G.T. Nanavati Commission report on the anti-Sikh riot cases, the CBI said.
The report was submitted Feb 9, 2005, said Additional Solicitor General Harin P. Raval, appearing for the CBI.
The court was hearing a petition by Sajjan Kumar seeking the quashing of the framing of charges by a CBI court trying the case.
Sajjan Kumar has been named as the main accused in a case in which Jagdish Kaur of Palam Colony (near Delhi Cantonment) lost her husband and son during rioting and arson by the anti-Sikh mobs.
Sajjan Kumar has also sought expunging of adverse observations made by the Delhi High Court in its judgment rejecting a plea seeking to restrain the trial court from framing the charges.
The Congress leader has contended that while filing the chargesheet, the CBI did not rely on the evidence collected by police before the case was transferred to it.
Raval told the court that it was entirely on the investigating agency to rely upon police evidence to support its case.
He said that Sajjan Kumar could not ask the court to take cognizance of the material, collected by police, at the time of framing of charges.
He said that this position has been upheld by the apex court in a number of its judgments
Appearing for Sajjan Kumar, senior counsel U.U. Lalit said that it would be ‘very very hazardous’ for the criminal justice system to rely on the statement of Jagdish Kaur who named his client as an accused 16 years after the anti-Sikh riots took place.
He said that prior to that she made several statements to police and at other forums but at no stage she named Sajjan Kumar.
Lalit said that his client had a right to rely on the entire material at the threshold stage to contest the framing of charges.
The court would continue the hearing in the case next Friday.
