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1984 Anti-Sikh Pogrom Clubbing Charge-Sheet Order Against Sajjan On June 4

Discussion in 'Sikh History' started by spnadmin, Jun 3, 2010.

  1. spnadmin

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    Clubbing Charge-Sheet order against Sajjan on June 4

    Clubbing Charge-Sheet order against Sajjan on June 4

    news.outlookindia.com | Clubbing Charge-Sheet order against Sajjan on June 4

    A Delhi court today reserved its order on an application filed by the prosecution seeking it to clarify whether a charge-sheet allegedly involving Congress leader Sajjan Kumar can be clubbed with another 1984 anti-Sikh riots case.

    District Judge Bimla Makin, who had decided to adjudicate the matter after a Sessions judge recused himself from hearing the case, said she will pronounce the order on the plea on June 4.

    During the arguments, Special Public Prosecutor B S Joon said the charge-sheet against the former outer Delhi MP in the 1984 anti-Sikh riots case citing sufficient evidence to proceed against him was prepared but never brought before a judge to seek his prosecution.

    "The stand taken by the investigating officer that the charge-sheet was clubbed was wrong as the accused was not summoned," he submitted.

    On being asked by the court whether he was taking a stand against the decision of his own police officer, Joon submitted it was duty of the prosecutor to ensure that the matter was properly pursued.

    The Delhi High Court has also given specific instruction that all the 1984 riot cases should be properly pursued, Joon said.

    During the arguments, senior counsel H S Phoolka submitted that since the charge-sheet was never produced before the court and never brought into the notice, it cannot be termed that it was clubbed with another riots case.

    After hearing the arguments, the court said it will pass its order on June 4.

    In his plea, the prosecutor had submitted that the charge-sheet was prepared in the case based on FIR number 67/87 in police station Nangloi, naming Sajjan Kumar as accused on April 8, 1992, but it was dumped in the police file and never brought before the court.

    The FIR was clubbed with another riots case in which the trial was already going on before the court, he had said.

    Additional DCP Rajiv Ranjan, who had earlier appeared before the court to give an explanation on the matter, had said the 2 cases relating to the incidents were clubbed on the legal opinion provided by the prosecution branch.

    Joon had said the police were not empowered to club cases and it was the sole prerogative of the court to decide on such issues.

    An FIR was registered in 1991 with regard to the killing of 5 persons in Nangloi here in the riots that took place in the aftermath of the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

    Kumar, along with five others, was mentioned as accused in the case but the police dropped the name of the politician.

    This case was clubbed with another FIR (no 67/87) with regard to the killing of 4 persons in which Kumar was the sole accused.

    The police prepared the charge-sheet in this case but allegedly never produced it before the court to seek prosecution of the accused.
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