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This is an archive article published on March 13, 2007

CBI fields senior lawyer in appeal against Sajjan

Days after its counsel was pulled up by the Delhi High Court for 8220;not doing your homework properly8221;...

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Days after its counsel was pulled up by the Delhi High Court for 8220;not doing your homework properly8221;, the CBI has appointed a senior counsel to represent it in the appeal against the acquittal of Congress MP Sajjan Kumar and seven others for the alleged murder of a Sikh youth during the 1984 anti-Sikh riots.

8220;I received a call from the CBI the day before yesterday asking me to represent it in the appeal and yesterday some officials came home to discuss the case with me8230; It is true, I am the counsel for CBI now,8221; senior advocate S S Gandhi confirmed to the Indian Express today.

Asked if J S Wadia, who was facing allegations that he was 8220;too junior to represent the CBI in such a case of serious impact8221; as reported by The Indian Express last week, would continue to play a role in the appeal hearings, Gandhi said that Wadia would be 8220;assisting8221; him. Gandhi, who had represented the Delhi Police and the government before the Nanavati Commission inquiring into the re-opening of certain 1984 riot cases by the CBI, said he had accepted 8220;the CBI brief as there was no conflict of interest8221;.

8220;This particular case, which is on appeal now, did not come before the Commission. Hence, I decided to accept the brief as there was no conflict of interest then and now,8221; Gandhi said.

The senior counsel, who appeared in today8217;s hearing of the appeal, has sought time from the court to study the case. The matter has been posted to March 28 for further hearing.

On November 1, 1984, one Naveen Singh, a resident of Sultanpuri area here, was murdered by a mob, allegedly instigated by Kumar.

Special judge Manju Goel had in 2002 acquitted Kumar, MLA Jai Kishan and six others on 8220;benefit of doubt8221;, 12 years after the investigative agency registered the case in August 1990.

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Subsequently, a Delhi High Court bench led by Justice Manmohan Sarin had admitted the appeal earlier this month to be heard on a day-to-day basis, four years after the CBI filed it in the year 2003.

However, allegations arose against the CBI8217;s choice of lawyer, Wadia, from various quarters, including the riot victims to higher-ups in Shiromani Akali Dal like its president and CM of Punjab, Parkash Singh Badal, and Shiromani Gurudwara Prabhandhar Committee Amritsar chief Aftar Singh Makkar. Responding to the allegations, Wadia said he was an 8220;Additional Legal Advisor and Special Public Prosecutor8221; with the probe agency and had been registered as an advocate since 1971. Stressing that 8220;he had no special interest in the case8221;, Wadia said. 8220;I am here on the directions of the CBI Director and am willing to relieve myself of the responsibility if given the orders to do so,8221; he had said.

 

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