New Delhi, March 29
In a major relief to senior Congress leader Sajjan Kumar, an accused in the 1984 anti-Sikh riots case, the Supreme Court today refused to interfere with Delhi High Court’s February 26 order granting anticipatory bail to him.
A Bench comprising Justices P Sathasivam and HL Dattu also rejected a plea for directing the CBI to provide protection to witnesses. Witnesses could approach the trial court if they perceived any threat, the court said.
“We are not inclined to interfere with the Delhi High Court order on the anticipatory bail as the HC had given reasons, which included the delay in investigations.
Also, Sajjan has subsequently obtained regular bail from the trial court, rendering the petitions in the SC infructuous,” ruled the Bench.
“We are not underestimating the feelings of the victims. Under normal circumstances, Sajjan Kumar would not have got bail. But in this case 25 years had passed, several commissions had gone into it and CBI was investigating it since 2005. Nothing happened in the case from 1984-90. If the CBI had wanted it could have arrested him after 2005, but it did not,” the apex court pointed out.
Arguing for victims, senior counsel Anil Divan and Ravi Shankar Prasad contended that the Congress leader had neither surrendered nor responded to summons, and when the CBI raided his house on September 11, 1990, a mob burnt down its jeeps.
Prasad said the CBI had filed a closure report without recording the statement of his client, a widow, who lost her husband and children in the riots. “At every stage, fair trial was being interrupted,” he said. At this, the Bench asked the counsel, “Do you think, the CBI is not aware of the consequences?”
