84 anti-Sikh riots: Sajjan Kumar seeks documents from CBI

Congress leader Sajjan Kumar today sought a direction to CBI from a Delhi court to provide him and other accused documents referred to in the chargesheet filed against them in two 1984 anti-Sikh riots cases.

"It is not only necessary but highly desirable that the probe agency provide us with the statements of witnesses who had earlier been examined by different prosecuting agency," I U Khan, counsel for Kumar submitted before additional sessions judge Sunita Gupta.

"What happened in earlier investigations? The moment CBI file the records before the court or supply the documents to us, we will get discharged," he said.

Khan invoked the right to equality before the law and the right to life and personal liberty guaranteed under the Constitution to state that the supply of documents was necessary to ensure a fair trial to the accused.

He referred to various judgements of the High Courts and the apex Court to buttress his argument that denial of documents by the probe agency was "unfair and unjust".

Kumar and other accused, in their plea, sought records relating to the cases pertaining to the riots that took place at Sultanpuri and Delhi Cantt areas following the assassination of the then prime minister Indira Gandhi on October 31, 1984.

The documents included judicial as well as police records of the cases registered at police station Sultanpuri and other places and copy of memorandum of action taken on the report of Justice G T Nanavati Commission of inquiry which was set up to inquire into riots of 1984.

CBI counsel Y K Saxena opposed the plea of Kumar and other accused, stating the cases were registered afresh after the government decided to take up the cases irrespective of the earlier investigations as these were related to large number of killings. 

He also claimed no prejudice would be caused to the accused if those documents were not supplied to them as whatever was mentioned in the chargesheet has not been relied upon by the prosecuting agency. 

The CBI had filed two chargesheets on January 13 against Kumar and others in the riots cases registered on the recommendation of Nanavati Commission, which had inquired into the sequence of events leading to the riots. 

Earlier during his lengthy arguments, Kumar's counsel took exception to alleged out-of-the-court briefings by the CBI counsel to media persons. He referred to two news reports and sought the court's intervention in the matter.