DNA India – HC judge recuses from hearing plea against Sajjan Kumar

New Delhi, 10 July 2017. A Delhi High Court judge today recused himself from hearing a plea seeking cancellation of anticipatory bail granted by the trial court to Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.

Justice A K Pathak listed the petition moved by a Special Investigation Team (SIT), probing the killing of three Sikhs, to another bench. “Not before me. List it before another bench on July 13,” the judge said.

The SIT has sought cancellation of the anticipatory bail granted to Kumar by the trial court on December 21 last year in a case of killing of three Sikhs.

While granting relief to the former MP on a personal bond of Rs one lakh and a surety of the like amount, the trial court had asked him not to leave the country without permission and to cooperate in the probe.

The court was informed that the cases filed against Kumar falling under the jurisdiction of Janakpuri and Vikaspuri police stations in west Delhi, were lodged after delay of over 30 years as the complainant was “scared” to name the accused due to his “powerful” position.

The agency had submitted that since his name had cropped up during the SIT probe, he needed to be interrogated and his custody was necessary as he has to be confronted with the evidence in the matter.

It had said that as per complainant by one Harvinder Singh, Kumar was seen leading a mob on the fateful day at around 11 AM. While the complaint in Janakpuri pertains to the killing of two Sikhs, Sohan Singh and his son-in-law Avtar Singh, on 1 November 1984, the other relates to Gurcharan Singh who was burnt and injured on November 2, 1984.

As per the complaint, Gurcharan, who was half burnt, remained bed-ridden for 29 years. He died three years ago.

SIT, which was set up in February 2015 on the direction of the Ministry of Home Affairs to re-investigate the closed case, had said it had filed a detailed status report of the ongoing investigation before the trial court.



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