New Delhi, March 20, 2010 (PTI) - A Delhi court on Saturday declined to take on record an application of former Congress MP Sajjan Kumar seeking certain documents related to the chargesheet filed against him in 1984 anti-Sikh riot cases, saying it was aimed at causing hindrance in the progress of the case.
It sent the case for trial before a Special CBI Court against Kumar and others.
“I am not impressed with the arguments and contentions of the accused. It seems that the application has been filed to cause further hindrance in committing the case to the Sessions court,” Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma said.
“Under the garb of application the accused is trying to set up his defence by placing his documents and records,” he said.
Mr. Kumar had sought certain documents and statement of witnesses recorded by the investigating agency during the probe into the matter.
“So far as withholding of records is concerned, it is for the prosecuting agencies to suffer consequences. The application filed by the accused is not directed to be taken on record,” the Court said.
Senior advocate I. U. Khan, appearing for Kumar, submitted that the CBI has failed to supply the documents, necessary for the just decision of the court. He had a tough time convincing the court with regard to the contents of the documents running into over 100 pages.
“I have gone through the contents of the application and perused the documents. The bunch is so bulky, it is humanly impossible to examine the same within a short span of time,” the ACMM said.
During the proceedings, CBI’s special prosecutor Y K Saxena submitted that out of the statements of some witnesses, there were some that were filed only through letters.
“It is submitted by Khan that filing the application was within the rights and scope of the CrPC. The court feels that it is not so desirable in the interest of justice,” the ACMM said.
“We cannot bypass the proceedings. I am not bound to take everything on record,” the judge said.
The court dismissed Mr. Khan’s plea that his application be taken on record so that the accused can move the Sessions court challenging its rejection.
Meanwhile, the court directed all the accused to appear before a Special CBI court on March 27 while referring the file to the District judge for further proceedings.
The Delhi High Court had on February 26 granted bail to Mr. Kumar citing delay in the deposition of witnesses against him in the cases.
The former Delhi MP along with Girdhari Lal, Balwan Khokhar, Mahender Yadav, Maha Singh, Capt Bhagmal, Santosh Rani and Krishna Khokhar were named as accused in the murder of five persons in Delhi Cantt area during the 1984 riots.
CBI had filed two chargesheets on January 13 in the riots cases registered on the recommendation of Justice G T Nanavati Commission which had inquired into the sequence of events leading to the riots in the aftermath of the assassination of the then Prime Minister Indira Gandhi.
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