New Delhi—Congress leader Sajjan Kumar’s plea to let him use a 1984 anti-Sikh [genocide] victim’s statement to judicial commissions to defend himself was today allowed by the Delhi High Court.
Setting aside the trial court’s June 2 decision which had dismissed Kumar’s plea, Justice Pratibha Rani asked all the parties to appear before the trial court on August 6.
The veteran Congress leader had moved the high court during the summer vacation against denial of the permission to use victim Jagdish Kaur’s statements to various judicial commissions, which had probed the 1984 [genocide].
The trial court had dismissed Kumar’s plea on June 2 saying Kaur’s statements to judicial commissions cannot be used for any purpose, including that for discrediting her testimony or to impeach her.
Kumar, in his plea had said the affidavits and statements of the complainant and key witness Jagdish Kaur given earlier to the judicial commissions that probed the [genocide] should be allowed to be used to confront her with her recent testimony in the ongoing trial.
The former Delhi MP had filed an application saying the CBI prosecutor R S Cheema on July 12, 2010 had told the court that Kaur’s affidavits and statement to G T Nanavati and Justice Ranganath Mishra Commissions cannot be used because of contradictions.
The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission cannot be used against her for the purpose of questioning her testimony.
Kumar had contended that if the prosecution and the witness could use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids him from confronting them.
Congress leader is facing trial along with Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal for his alleged role in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
Kumar is accused of instigating a mob to attack and kill the Sikhs.
The case against Kumar was lodged on the recommendation by the Nanavati Commission. The CBI had filed two charge sheets against him and others in January 2010.
The trial court, which is presently recording statements of witnesses, had framed charges against Sajjan Kumar and five others in 2010 under sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC.
