District Judge JR Aryan put up the matter for examination of Vishwendra Singh, then deputy secretary (Home) of city government and now private secretary to the Lieutenant Governor of Delhi, by the defence counsel after the witness informed the court that he has segregated the relevant documents, which the defence can see, from the file relating to sanction for prosecution of Sajjan Kumar and three others.
Vishwendra Singh is a prosecution witness, who has been brought by CBI to prove that sanction was given to prosecute Sajjan Kumar and other accused under Section 153A (causing disharmony between different communities) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) of the IPC.
Sanction for prosecution of accused charged under Section 153A of the Indian Penal Code (IPC) is mandatory.
The advocate, appearing for the riot victims, said that the defence counsel will be allowed to examine in the court itself the portion of file which has been permitted by the judge but they cannot take copy of the documents.
The court had earlier asked the witness to segregate the documents, which the defence can see and which they cannot see, from the sanction file. He was also asked to sort out the part of the file on which the official is claiming privilege.     

Singh was earlier asked by the court to produce records relating to grant of sanction to prosecute Kumar and three other accused in the case.
He had, however, sought time to seek permission from the Lieutenant Governor's office for showing records of sanction of January, 1, 2010 and later on filed an affidavit seeking ‘privilege’ for not producing the complete file containing official notings.
The affidavit was opposed by Kumar and others on the ground that the prosecution cannot withhold documents as the court has to see whether sanction granted by government to prosecute the accused was valid or not.

Apart from Sajjan Kumar, Brahmanand Gupta, Peru and Ved Prakash are also facing trial for charges of murder and rioting in connection with the case of killing of Surjit Singh in Sultanpuri area in the riots that had occurred after the assassination of then prime minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.
Earlier, CBI counsel had argued that complete file was not required and in other case of riots in Delhi cantonment also privilege was granted and complete file was not produced.
The court had on January 10 commenced the trial in the case by recording the statement of Singh, who was unable to give details about the sanction issue without looking at the documents.


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