New Delhi: In a major setback for Congress leader Sajjan Kumar, the Delhi High Court on Tuesday refused to grant him relief in a 1984 anti-Sikh riots case. The High Court ruled that Sajjan Kumar will continue to face trial in the riots that took place in Sultanpuri area of Delhi following the assassination of the them prime minister Indira Gandhi.
However, criminal conspiracy charges against Kumar will not be invoked.
Kumar had moved the High Court challenging a trial court order to frame charges against him in the 1984 anti-Sikh riot case in which six people were killed in Sultanpuri.
Besides the Congress leader, co-accused Ved Prakash Pial, alias Vedu Pradhan, and Brahmanand Gupta had also moved the high court against framing of charges against them in the case relating to killings in Delhi's Sultanpuri area.
Justice Suresh Kait, who had deferred the pronouncement of the judgement on April 29 saying further hearing was required, had again reserved the verdict on May 24 after the counsel for the riots victim sought framing of the additional charge of criminal conspiracy against Kumar and co-accused. Complainant Sheela Kaur, a riot victim, had filed a cross-appeal in the high court seeking to invoke the charge of criminal conspiracy against Kumar and other four accused in the case.
The counsel for Kumar had, however, opposed the conspiracy charge saying no witnesses had alleged the leader conspired with others in the commission of offence. CBI also said ample "prima facie" evidence was there to frame conspiracy charge against Kumar. In July 2010, a lower court had framed charges against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with the case in which six persons were killed in Sultanpuri in anti-Sikhs riots that had erupted in Delhi and elsewhere after the assassination of the then prime minister Indira Gandhi on October 31, 1984.
Besides charges of murder and rioting, the court had also framed charges for the offence of spreading enmity between two communities against the accused in the case. CBI had filed two charge sheets against Kumar and others in January, 2010 in the riots cases registered in 2005 on the recommendation of Justice GT Nanavati Commission which probed the sequence of events leading to the riots.
A lower court had recently acquitted Kumar in another 1984 anti-Sikh riots case. However, five other co-accused were held guilty for being a part of the mob that killed five Sikhs at Delhi Cantonment in Delhi.
(With additional information from PTI)
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