Veteran Congress leader Sajjan Kumar, facing trial in a 1984 anti-Sikh riots case, on Wednesday told a Delhi court that he has the right to confront a key witness with the evidence on record after the CBI took the stand that it was "not relying" on her statements as they were contrary.
Kumar was making submissions with regard to affidavits and statement of key witness and complainant Jagdish Kaur recorded by various commissions, set up to inquire in the incidents of riots.
District Judge J R Aryan was told by Congress leader's counsel I U Khan that the accused has a right to cross-examine the witnesses with regard to evidence available on record.
The counsel questioned the CBI's vacillating stand on using Kaur's two affidavits and statement to Ranganath Mishra Commission and G T Nanavati Commission in prosecuting the case.
In his application, Kumar had said the CBI had earlier brought on record and even examined Kaur's affidavit and statement to the judicial commissions, but it now says that it is not relying on them.
Sajjan Kumar had added that prosecutor R S Cheema had on July 12, 2010 made a statement to the court that affidavits of the witness in the case cannot be used due to contradictions.
Advocate Anil Sharma, appearing for other co-accused, argued that they cannot use the affidavits and statement of Kaur of their own, but as the documents were brought by CBI and the complainant in the court to prosecute them, it gives them the right to use them.
Sajjan Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in
the killings of six people in Delhi Cantonment area during the 1984 carnage which broke after the assassination of the then
Prime Minister Indira Gandhi on October 31, 1984.
They are accused of instigating a mob to attack and kill the Sikhs.
