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HC seeks CBI reply on Sajjan Kumar’s plea to confront 1984 riots case witness

The Delhi High Court on Wednesday asked the CBI to respond to Congress leader Sajjan Kumar’s petition against a trial court order that refused to let him use a 1984 anti-Sikh riot victim’s statements given to judicial commissions to confront her.

Written by Express News Service | New Delhi | Published: June 14, 2012 12:35:35 am

The Delhi High Court on Wednesday asked the CBI to respond to Congress leader Sajjan Kumar’s petition against a trial court order that refused to let him use a 1984 anti-Sikh riot victim’s statements given to judicial commissions to confront her.

The court said there was no urgency to rush to the high court during the vacation as the trial judge had fixed the matter for hearing on July 13 and asked the CBI to file a short reply by July 3.

Kumar’s plea was dismissed on June 2 by the trial court,which said witness Jagdish Kaur’s statements to the judicial commissions cannot be used for any purpose,including that for discrediting her testimony in the court or to impeach her.

The Congress leader,in his plea,said the affidavits and statements of the complainant and key witness Kaur,given earlier to the judicial commissions that probed the riots,should be allowed to be used to confront her with her recent testimony in the ongoing trial.

The CBI had earlier contended that in accordance with the provisions of the Commission of Inquiry Act,the affidavits and statements of a witness given before any commission cannot be used against her for the purpose of questioning her testimony.

Kumar had said if the prosecution and the witness would use the affidavits filed before the Ranganath Commission and the Nanavati Commission,then there is no law which forbade the defence from confronting them.

The Congress leader has been facing trial along with Balwan Khokkar,Kishan Khokkar,Mahender Yadav,Girdhari Lal and Capt. Bhagmal for his alleged role in the killings of six persons in the Delhi Cantonment area during the riots following the assassination of the then Prime Minister Indira Gandhi on October 31,1984. Kumar is accused of instigating a mob to attack and kill Sikhs in the area.

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