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SC rejects plea, sends Sajjan on trial
R Sedhuraman
Legal Correspondent

New Delhi, September 20
Rejecting Congress leader Sajjan Kumar’s plea for quashing the charges framed against him in a 1984 anti-Sikh riots case, the Supreme Court today vacated its stay on the trial and directed the trial court to deliver justice “as early as possible”.

A Bench comprising Justices P Sathasivam and Anil R Dave, however, accepted Sajjan’s contention that the comments made by the Delhi High Court on the merits of the case would go against him in the trial court. The HC had made the observations on July 19 this year while rejecting his plea for quashing the charges framed by the trial court on May 15.

The trial court of Additional Sessions Judge Sunita Gupta need not take into account the HC’s observations while “analysing, appreciating, evaluating and arriving at a proper conclusion based on the materials being placed by prosecution as well as defence,” the apex court said.

“We clarify that all those observations of the HC would not affect the ultimate analysis and final verdict of the trial Judge…. It is for the trial Judge to evaluate all the materials, including the evidentiary value of the witnesses of the prosecution,” the Bench said.

While making the clarification, the apex court specifically named the prime witness -- 69-year-old Jadish Kaur who lost her husband, son and three cousins in the violence in the Delhi Cantonment area. It also mentioned Jagsher Singh (PW2), Nirpit Kaur (PW-10) and Om Prakash (PW-8) for the purpose. Further, the trial court would evaluate the contradictory statements, delay and the conduct of the Delhi Police in filing its status report without getting influenced by the HC remarks.

Since the trial related to an incident that occurred 26 years ago, “we direct the trial Judge to take sincere efforts for completion of the case as early as possible for which the prosecution and accused must render all assistance,” the Bench ruled.

“It cannot be concluded that framing of charges against the appellant by the trial Judge is either bad in law or abuse of process of law or without any material,” the Bench added.

The apex court rejected Sajjan’s plea for quashing the proceedings due to the delay in prosecuting him. “In the case on hand, though delay may be a relevant ground, in the light of the materials which are available before the court through the CBI, without testing the same at the trial, the proceedings cannot be quashed merely on the ground of delay.”