Author: PTI
Publication: The Pioneer
Date: February 2, 2010
URL: http://www.dailypioneer.com/233037/1984-anti-Sikh-riots-case-Court-issues-summons-against-Sajjan.html
A Delhi Court on Monday issued summons to
former Congress MP Sajjan Kumar and others after taking cognisance of the
chargesheets filed against them in two cases relating to the 1984 anti-Sikh
riots.
Additional Chief Metropolitan Magistrate Lokesh
Kumar Sharma sought presence of the 62-year-old Congress leader and others
before the court on February 17.
The magistrate said that after perusing the
chargesheets including the statements of the witnesses, prima-facie case of
murder, rioting and other offences were made out against the accused.
He, however, declined a plea of CBI and the
victim's counsel to issue non-bailable warrant (NBW) against the accused in
view of the gravity of the offences involved.
"In the facts and circumstances, all
the accused persons are very much residing in the same locality. There is
no complaint of criminal intimidation of any of the witnesses.
"The primary concern of CBI is to ensure
the presence of the accused. I do not find any reason to adopt coercive methods
to ensure presence of the accused. So the prayer (for NBW) of CBI and the
victims is declined," the court said.
The CBI had on January 13 filed two chargesheets
against the former Congress MP and others before the court in two separate
cases of allegedly making provocative speeches, leading to the killing of
12 persons in 1984 riots that followed the assassination of Indira Gandhi.
The probe agency had filed the chargesheets
in the court after concluding its investigation into the cases registered
on the recommendation of Nanavati Commission in 2005.
The cases, in which the chargesheets were
filed against Kumar and several others, were registered in police stations
in Sultanpuri and Delhi Cantonment following the killing of seven and five
persons respectively in the riots. During the proceedings, senior advocate
H S Phoolka, counsel for victim Nirpreet Kaur, contended that the court should
issue NBW against the accused as there were grave charges against them.
He submitted that when there is an apprehension
that accused may tamper with the evidence and influence the witnesses, the
court has discretion to issue NBW against them.
Phoolka also referred two judgements of the
High Court to buttress his arguments.
His contention was supported by CBI counsel
who submitted that the NBW should be issued against the accused as there was
gravity of offence involved in the matter.
The CBI's plea was, however, countered by
the court which asked it why it failed to arrest any of the accused during
the investigation of the cases.
"Why did you not arrest any of the accused
if there was gravity of offences? Your anxiety is only to secure presence
of accused," the court said.
The court issued summons against all accused
except Mahender Yadav and Brahmanand Gupta as their counsel was present to
take notice on their behalf.
