Continuing his final arguments in the case before District Judge J R Aryan, Kumar's counsel I U Khan said the investigating officer (IO) had "specifically" asked several witnesses about the former MP's presence in Delhi Cantonment area, where the incident took place, but they had denied it.
"Out of 17, only 3 witnesses took Kumar's name that they had seen him in the area during the riots or heard him giving the alleged speech. The IO had specifically asked six witnesses about Kumar's presence, but they had denied seeing him," he said.
The counsel also contended that the CBI had conducted an "unfair investigation" in the case in which five Sikhs were killed in the area during the riots that broke out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.
"The CBI had conducted an unfair investigation as it had been compelling the witnesses to name Kumar in the court but they still did not say that they had seen him instigating the mob," the counsel said.
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.
The counsel argued that though the probe agency had named several persons as material witnesses in the case, they failed to produce them in the court on the pretext that they were not traceable. (More)