Veteran Congress leader Sajjan Kumar, facing trial in a 1984 anti-Sikh riots case, on Thursday told a Delhi court that there was a 'conspiracy' between the Central Bureau of Investigation and his political rivals, especially Akali Dal, to falsely implicate him in the matter.
Advocate I U Khan, appearing for Sajjan Kumar, argued before District Judge J R Aryan that the investigation in the case, in which five persons were killed during the riots in Delhi Cantonment area after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984, was done with a "set and conditioned mind" to frame him in the case.
"The case is the outcome of conspiracy between CBI and Sajjan Kumar's political opponents, that is, the leaders of Akali Dal and other parties opposite to him.
"Their motive was to falsely implicate him in the case," the counsel said during the final arguments of the case.
In the later stage of the final arguments, the complainant and the CBI will be given a chance by the court to counter the submissions made by Kumar.
He further argued CBI had investigated the case with a conspiracy and pre-set mind of Kumar's opponents that they have to falsely frame him in the case.
Sajjan Kumar is facing trial along with five others -- Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal -- for allegedly inciting a mob against the Sikh community in Delhi Cantonment area here.
Five Sikhs were killed in Delhi Cantonment area during the riots.
The counsel's argument that witness, who belonged to Amritsar, were made to stay in Punjab Bhawan, premises of Punjab government, here in 2000 as and Akali Dal and NDA were in power in the state and at the Centre at that time.
This prompted the court to ask why Kumar was blaming mainly Akali Dal and if that means if anybody would stay at Punjab Bhawan that will show there is some conspiracy going on there.
Khan said the stay of witnesses in Punjab Bhawan indicated that they were in collusion with Akali Dal in conspiring against Kumar.
"Not even a single witness who came here had claimed expenses from the court as everything was provided to them by Punjab government and they were given VVIP treatment at Punjab Bhawan," Khan said.
He also said there were contradictions in the statements of material witnesses, Jagdish Kaur and Nirpreet Kaur, regarding the place where Kumar gave the alleged speech instigating mob against Sikh community.
The defence counsel said Nirpreet Kaur was "unreliable, not trustworthy and she was not having clean antecedents".
"She was involved in several criminal cases and had also spent 12 years in jail in a TADA case. Even now, a case of cheating is pending against her," he said.
He also asked why Nirpreet Kaur did not come forward to depose against Kumar in 24 years and "the silence of witness for such a long time with unexplained reasons shows she is unreliable."
The CBI had earlier told the court that there was a conspiracy of 'terrifying proportion' between Kumar and the police during the riots.
The case against Sajjan Kumar was registered in 2005 on a recommendation by Justice G T Nanavati Commission. CBI had filed two chargesheets against him and the other accused in January 2010.
The trial court had in May, 2010, framed charges against Sajjan Kumar and the five others under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153-A (promoting enmity between different communities) and other provisions of the IPC.
Sajjan Kumar is facing prosecution in three separate cases in which he has been accused of inciting a mob against the Sikh community during the 1984 riots.
