New Delhi: A Delhi court will pronounce its order on June 2 on a plea of Congress leader Sajjan Kumar, facing trial in a 1984 anti-Sikh riots case, asking if witnesses can be confronted with their affidavits submitted to the judicial commissions set up to examine riot cases.

District Judge J R Aryan on Saturday reserved its order after hearing arguments of the counsel for CBI and accused.

The former Outer Delhi MP has filed an application that prosecutor R S Cheema had on July 12, 2010, made a statement in the court that affidavits and statement of key witness and complainant Jagdish Kaur recorded by G T Nanavati and Ranganath Mishra Commissions cannot be used because of contradictions.

CBI, in its response to the application, said the accused, by filing these kind of pleas, were delaying the proceedings of the case which is at its concluding stage.

"They are not doing anything but they are just delaying the process by filing this application, this plea is void. We have to see whether this is maintainable," Cheema argued.

CBI said that as per 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 contradiction or impeaching her testimony.

The agency said the defence cannot confront the witness asking that she had said something else in affidavits and statements before the Commissions and was deposing something else in the court.

Advocate I U Khan, appearing for Sajjan Kumar, said "the prosecution is trying to say that it will use those affidavits/statment for securing our (accused) conviction but will not allow the accused to use that part of examination in chief."

Sajjan Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

They are accused of instigating a mob to attack and kill the Sikhs.

Sajjan Kumar's counsel said law and justice dwell together and law does not permit this situation and "now the prosecution cannot claim protection of the provisions of the Commission of Inquiry Act as no such protection could be given in respect of evidence given in the court."

Advocate Anil Kumar, appearing for other accused, said if the prosecution and the witness would use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids the defence from confronting them.

"We are not using those documents of our own. CBI had brought them on record and we have full right to confront the witness with them. The court has to see whether CBI's objection is legitimate or not and the documents which have become part of the judicial record can be changed at any stage.

"In my opinion, the judicial proceedings cannot be changed or tampered with at any stage," Sharma said.

In his application, Sajjan Kumar had said CBI had earlier brought on record and even examined Kaur's affidavit and statement to the judicial commissions but it now says it is not relying on them.

He had said prosecutor Cheema had on July 12, 2010, made a statement in the court that affidavits of the witness in the case cannot be used due to contradictions.

The case against Sajjan Kumar was registered on the recommendation by Nanavati Commission. CBI had filed two chargesheets against him and others in January 2010.

The trial court had framed charges against Sajjan Kumar and five others in 2010 under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC.


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