Court disallows plea of co-accused of Sajjan Kumar in '84 riots case

A Delhi court today disallowed a plea of a co-accused of Congress leader Sajjan Kumar in the 1984 anti-Sikh riots cases raising objection over its jurisdiction but sent the case files to the district judge to seek proper allocation for hearing.

"The grounds taken in the application that the present court is not competent to try the case, is without any force as every Additional Sessions Judge is competent to try every Sessions trial pertaining to entire area in the territorial jurisdiction of Delhi," special CBI judge P S Teji said.

The court, however, sent the files relating to the two cases to the District Judge, Tis Hazari court, for the proper allocation of the matter. 

"A request is hereby forwarded to learnt District judge to issue instructions to proceed with the matter," the court said.

Disallowing the plea of Khushal Singh, the court said "the argument advanced that the court is not having jurisdiction is without any basis and not acceptable." 

"It is further pertinent to mention that the court is fully competent to try the present Sessions trial being Additional Sessions Judge in respect of territorial jurisdiction of any police district," it said.

Meanwhile, the court directed all the accused, including Sajjan Kumar, who were present before the court, to appear before it on April one. 

Singh pleaded before the Karkardooma court to transfer the matters to other judge having territorial jurisdiction to try them.

He argued that it did not have jurisdiction to try the cases as the offences were alleged to have been committed at
Sultanpuri and Delhi Cantonment area.

He further said Delhi has been divided into nine judicial districts and the matter should be heard by a court either at Rohini or at Tees Hazari district courts.

CBI prosecutor Y K Saxena, on the other hand, opposed his plea stating that there was no question of territorial impropriety saying "no prejudice is caused to the accused whether the matter is tried at Tis Hazari or Karkardooma. This is the only designated court of the CBI."

He also said the probe into the riots cases was transferred to CBI from the Delhi Police.

Sajjan Kumar and others, who have been chargesheeted by the CBI in two riots cases, were present before the court to which the matter has been transferred to initiate the proceedings related to trial.

On March 20, additional chief metropolitan magistrate had declined to take on record an application of Kumar seeking certain documents related to the chargesheet filed against him
in the riot cases and directed them to appear before the CBI
court.

The CBI had filed two chargesheets on January 13 in the riots cases registered on the recommendation of Justice G T Nanavati Commission which had inquired into the sequence of events leading to the riots in the aftermath of the assassination of the then Prime Minister Indira Gandhi.