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This is an archive article published on August 28, 2010

Sajjan using delay tactics: CBI to SC

Congress leader Sajjan Kumar’s application in the Supreme Court on framing of charges against him in 1984 anti-Sikh riots case is a delay tactic,the CBI told the apex court on Friday.

Congress leader Sajjan Kumar’s application in the Supreme Court on framing of charges against him in 1984 anti-Sikh riots case is a delay tactic,the CBI told the apex court on Friday.

Scores of riot victims “aggrieved by sham investigations and farce prosecutions” can hardly afford further delay,the investigating agency said in its report before a Bench led by Justice P Sathasivam.

The investigating agency said the Bench’s previous order on August 12 to grant ex-parte stay on the day-to-day trial against the former Outer Delhi MP and five others has “seriously prejudiced” their prosecution.

The six are allegedly involved in the killing of Jagdish Kaur’s son,husband and three brothers by a mob allegedly led by Kumar.

“The entire effort of the petitioner (Kumar) is to delay the proceedings before the trial court and by obtaining the ex-parte stay,the case of the prosecution has been seriously prejudiced,” the CBI said.

With its stay order,the SC had also set aside a Delhi High Court order directing Special Judge (CBI) Sunita Gupta at Karkardooma courts to complete the trial in Kaur’s case within a year.

Replying to Kumar’s main contention that a trial after a “long gap of 26 years” would be prejudicial to him,the CBI hit back asking whether Kumar himself had “played a role in causing the delay”.

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Kumar had contended the HC had ignored his “positive case” that the two-decade long delay had crippled the murder case against him.

In May,the trial court had framed charges against Kumar and others under Sections 302 (murder),395 (dacoity),427 (mischief to property) and 153A (promoting enmity between different communities),among other provisions.

The CBI also referred to the Delhi Police’s “inexplicable” act of filing a closure report in the case in December 2005 as a “clandestine attempt to hush up the matter” even though the investigation was already with the former since October 2005.

The CBI also noted that the Delhi Police had clubbed into one FIR 24 separate complaints about 60 deaths and ended up filing only five chargesheets,all of which resulted in acquittals. The next hearing is on September 7.

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