SC reprieve for Sajjan

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Prime VIP
  • The apex court stays Cong leader’s trial in ’84 anti-Sikh riots case
  • Tells CBI to respond to his appeal in two weeks

New Delhi, August 13

In a major relief to Congress leader Sajjan Kumar, the Supreme Court today stayed his trial in a 1984 anti-Sikh riots case.

A Bench comprising Justices P Sathasivam and BS Chauhan stayed the trial till August 27, the day for next hearing of the appeal filed by Sajjan challenging the Delhi High Court’s refusal to quash the charges of murder and other offences against him.

The charges were framed by Additional Sessions Judge Sunita Gupta on May 18. Appearing for Sajjan, senior counsel L Nageshwar Rao said the HC had failed to consider the material placed on record. No allegations were made against his client for over 15 years — from 1984 till 2000 — and this was pointed out to the HC.

“The HC had found fault with Sajjan for being a Congress leader. The court says you are a Congress leader. Is it my fault? Because I am a Congress man, I have to face charges,” Rao argued. The SC Bench acknowledged that certain “definite findings” of the HC would have a “bearing” on the trial, implying that it was not necessary.

After Rao’s contentions that lasted barely a minute or two, the court issued notice to the CBI seeking its response to Sajjan’s appeal within two weeks and stayed the trial till then. The CBI investigated and filed the chargesheet in the riots case relating to the killing of five family members of one Jagdish Kaur (69). Among those killed were her husband and son.

After getting to know of the SC stay order, advocate HS Phoolka, who has been arguing the cases of riots victims in the trial court, rushed to the Bench a few hours later and pleaded that the court should allow Kaur to record her statement as the prime witness today. The Bench, however, asked him to wait for two weeks.

The trial court of ASJ Sunita Gupta, which was scheduled to resume the trial at 2 pm, said the case would be taken up next on August 22 for the limited purpose of receiving the apex court’s stay order.

The trial court has framed charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153A (promoting enmity between different communities) and other provisions of the IPC against Sajjan and five others.

Sajjan has cited as many as 51 grounds for setting aside the HC order. Among the grounds was the contention that the single judge of the HC had made a large number of observations and explanations which “has resulted in filling up the lacuna in prosecution case at this stage”.
 
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