Trial against Sajjan Kumar in anti-Sikh riots case to go on: SC
5 Oct 2013 5:45 AM IST
The Supreme Court on Friday made it clear that trial proceeding against Congress leader Sajjan Kumar and others in the killing of six persons during the 1984 anti-Sikh riots will go on in the trail court. This is despite the fact that their plea before the court on quashing of charges against them, is still pending.
‘We are not staying the trial proceedings,’ a bench headed by justice AK Patnaik said when it was told that Kumar and others should not seek adjournment in the trial court on grounds of pendency of their plea in the apex court. The bench deferred the hearing till 28 October.
It was hearing pleas filed by Sajjan Kumar, Brahmanad Gupta and the other accused challenging the trial court and the Delhi high court orders turning down their plea for quashing of charges against them.
Dismissing Kumar’s plea, the high court had affirmed the trial court’s order saying charges could be framed if there is a strong suspicion leading the court to think that there are grounds for presuming that the accused has committed the offence. The high court, however, refused to frame additional charge of conspiracy against him and co-accused Ved Prakash Pial and Gupta saying ‘there is no evidence to show the meeting of minds.’
The court also rejected the pleas of Pial and Gupta challenging the framing of charges against them.
‘It is a settled law that at the initial stage if there is a strong suspicion which leads the court to think that there is ground for presuming that the accused has committed the offence, a charge would be framed,’ the high court had said.
On 30 September, the Supreme Court said the accused in anti-Sikh riots case, including Congress leader Sajjan Kumar, were trying to stall the proceeding at trial court by approaching higher courts at every stage but agreed to hear their plea for quashing the charges of murder and rioting.
On 27 August, 2013, the Delhi high court accepted an appeal filed by the CBI against Kumar’s previous acquaittal by a lower court. CBI stated that the trial court ‘erred in acquitting Sajjan Kumar as it was he who had instigated the mob during the riots’.
‘We are not staying the trial proceedings,’ a bench headed by justice AK Patnaik said when it was told that Kumar and others should not seek adjournment in the trial court on grounds of pendency of their plea in the apex court. The bench deferred the hearing till 28 October.
It was hearing pleas filed by Sajjan Kumar, Brahmanad Gupta and the other accused challenging the trial court and the Delhi high court orders turning down their plea for quashing of charges against them.
Dismissing Kumar’s plea, the high court had affirmed the trial court’s order saying charges could be framed if there is a strong suspicion leading the court to think that there are grounds for presuming that the accused has committed the offence. The high court, however, refused to frame additional charge of conspiracy against him and co-accused Ved Prakash Pial and Gupta saying ‘there is no evidence to show the meeting of minds.’
The court also rejected the pleas of Pial and Gupta challenging the framing of charges against them.
‘It is a settled law that at the initial stage if there is a strong suspicion which leads the court to think that there is ground for presuming that the accused has committed the offence, a charge would be framed,’ the high court had said.
On 30 September, the Supreme Court said the accused in anti-Sikh riots case, including Congress leader Sajjan Kumar, were trying to stall the proceeding at trial court by approaching higher courts at every stage but agreed to hear their plea for quashing the charges of murder and rioting.
On 27 August, 2013, the Delhi high court accepted an appeal filed by the CBI against Kumar’s previous acquaittal by a lower court. CBI stated that the trial court ‘erred in acquitting Sajjan Kumar as it was he who had instigated the mob during the riots’.
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