Delhi High Court on Friday dismissed a plea filed by Congress leader Sajjan Kumar and his co-accused that sought recusal of one of the judges hearing the appeals related to a case arising out of the 1984 anti-Sikh riots.
The bench in its order noted that the 32-year delay in disposal of cases arising out of the anti-Sikh riots had “generated a sense of injustice in the victims”, and held that “no digression, distraction or diversion by any other proceedings which could result in protraction of the hearings in the main appeals would be in the interest of justice.”
In a 140-page judgment, the bench of Justice Gita Mittal and Justice P S Teji held that the arguments made by Sajjan Kumar, Krishan Khokhar and Mahendar Yadav were false and “contrary to court record”.
The court noted that the allegations “manifest the insidious attempt to create a facade of apprehension of bias by pleading a non-existent factual foundation for the purposes of supporting the prayer for recusal”.
In their plea, Kumar, Khokhar and Yadav had asked for Justice Teji to be recused from hearing appeals against a 2013 trial court judgment relating to the killing of five Sikhs in the Delhi Cantonment area during the 1984 riots.
The applications had alleged that “Justice Teji was exercising keen interest in the matter” and should recuse himself from hearing these appeals.
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