New Delhi : A Delhi court hearing a 1984 anti-Sikh riots case against Congress leader Sajjan Kumar Saturday dismissed his plea that the CBI was not relying on some documents given by a complainant and key prosecution witness. District Judge J.R. Aryan did not accept Sajjan Kumar s plea related to complainant Jagdish Kaur.
"It is clear that without going into the wider question even a plain reading of Section 6 (Commissions of Inquiry Act) will prohibit the use of the previous statements at the trial either for the purposes of cross examination to contradict the witness or to impeach his credit," said the judge.
"The contradiction could be used either to impeach his credit or discredit him or to pull down the reliability of the witness. These purposes, for which the previous statements are required, could not be said to be purposes which were not against the witness," said the court.
The court was hearing the final arguments in a case against Sajjan Kumar and five others accused of inciting mobs against the Sikh community during the riots that broke out after the assassination of then prime minister Indira Gandhi Oct 31, 1984.
The Congress leader said that prosecutor R.S. Cheema July 12, 2010 made a statement in the court that affidavits of a witness in the case could not be used as they were contradictory. The CBI opposed Sajjan Kumar s plea and said it took objection in 2010 to Jagdish Kaur s affidavits and statements, filed before the Ranganath Misra Commission and the G.T. Nanavati Commission, set up to probe the riots, but the accused had not said anything at that time.
The trial court, while framing charges against the accused, also relied on these documents, Sajjan Kumar said.