SC stays anti-Sikh riots case against Sajjan

New Delhi: In a major relief to Congress leader Sajjan Kumar, the Supreme Court on Friday stayed the criminal proceedings against him in a 1984 anti-Sikh riots case.

While setting aside a Delhi High court order of July 19, a bench of Justices P. Sathasivam and BS Chauhan also issued notice to the Central Bureau of Investigation on Sajjan Kumar’s appeal challenging his prosecution.

The high court had refused to quash various charges, including that of murder, against him, saying the delay in prosecution has apparently benefited him. In his order, Justice Vipin Sanghi questioned the motive of Delhi Police in cancelling the FIR against Sajjan Kumar when the case was still being probed by the CBI.

Justice Sanghi had directed the trial court to hold the proceedings against him expeditiously in the anti-Sikh riots cases. Sajjan Kumar, a former Lok Sabha member from Outer Delhi, is facing prosecution in two cases in Sultanpuri and Delhi Cantonment areas on charges of inciting a mob against the Sikh community in the aftermath of prime minister Indira Gandhi’s assassination on Oct 31, 1984.

The trial court had in May framed charges under Sections 302 (murder), 395 (dacoity), 427 (mischief to property), 153A (promoting enmity between different communities) and other provisions of the Indian Penal Code, paving the way for trial of Sajjan Kumar and five others.

The CBI had accused Sajjan Kumar of provoking people against members of the Sikh community during the carnage that led to the killing of five persons in Delhi Cantonment area. Besides Sajjan Kumar, the other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.

The CBI had filed two charge sheets against Sajjan Kumar and the others on Jan 13 in the riots cases registered in 2005 on the recommendation of Justice G.T. Nanavati Commission which inquired into the sequence of events leading to the riots. The trial court had July 7 framed charges against the politician in another case related to the anti-Sikh riots.