District judge J R Aryan asked CBI to respond to the plea of the accused and fixed September 2 for arguments.
The court also sought CBI's reply on a separate plea of the accused seeking to summon records of the two other riots related cases which have already been decided.
The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
The judge was informed by the CBI and the defence counsel that accused Khushal Singh has died and the agency submitted his death certificate.
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The court, which was scheduled to decide the date for beginning the trial by recording statements of prosecution witnesses, will now fix it after deciding the two applications moved by the accused.
He said three separate FIRs were registered for the murder of six persons but if CBI was restricting its case to only one murder then the witnesses who are not related to this murder should be removed.
CBI prosecutor D P Singh, however, opposed the plea saying it is for the agency to decide who are relevant or irrelevant witnesses and whom they want to remove.