1984 riots case: Supreme Court stays Sajjan Kumar trial

The Supreme Court today stayed for two weeks trial proceedings against Congress leader Sajjan Kumar facing murder and other charges in 1984 anti-Sikh riot cases.

A bench of justices P Sathasivam and BS Chauhan also issued a notice to the CBI on Kumar's appeal challenging his prosecution.

The apex court, while staying the proceedings, felt the high court had made certain excessive observations which could have a bearing on the trial.

In a special leave petition, Kumar has contended that the complaints' testimony against him were unreliable and the high court had made various uncalled for observations that could determine the fate of the trial.

Kumar's counsel Amit Anand Tiwari said the complainant Jagdish Kaur had filed a sworn affidavit before the Rangantha Mishra Commission on September 7, 1995, in which she named several Congress leaders but nowhere did she name Kumar.

But in May 2000, she filed an affidavit before the GT Nanavati Commission naming Kumar as the man who led the which killed her husband and son.

However, thereafter in her personal deposition before the Commission, she did not mention Kumar's name anywhere, the appeal stated.

The counsel submitted that again in 2006, the complainant had deposed before the CBI that she had heard Kumar inciting the mob. Hence, he pleaded her testimony could not be relied upon.

Similarly, the counsel submitted that two other witnesses had surfaced after 23-24 years to depose against Kumar.

"Moreover, in view of the law declared by this Hon’ble Court, right to speedy trial includes the stage of initiation of prosecution and delay in same would be violative of Article 21 (right to liberty) entitling the accused to relief," the appeal added.

The high court had on July 19 refused to quash various charges, including that of murder, against Kumar, saying the delay in prosecution has apparently benefited him.

Kumar, a former Outer Delhi MP, is facing prosecution in two cases in which he has been accused of inciting a mob against Sikh community in the aftermath of the then prime minister Indira Gandhi's assassination on October 31, 1984.

"The interest of justice requires that the offences allegedly committed by accused persons are expeditiously tried to preserve the rule of law in the society," the high court had said while directing the trial court to hold the proceedings against him expeditiously in the riots cases.

The trial court had in May this year framed charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC paving the way for trial of Kumar and five others.

The CBI had accused Kumar of provoking people against members of Sikh community during the carnage that led to the killing of five persons in Delhi Cantonment area.

Besides Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.

The CBI had filed two chargesheets against Kumar and others on January 13 in the riots cases registered in 2005 on the recommendation of justice GT Nanavati Commission which inquired into the sequence of events leading to the riots.

The trial court had on July seven framed charges against the politician in another case in connection with the anti-Sikh riots.