District Judge J R Aryan issued notice to the CBI, seeking its response on May 19 on Sajjan Kumar's plea that prosecutor R S Cheema had on July 12, 2010 made a statement to the court that affidavits of a witness in the case cannot be used because of contradictions.
Advocate I U Khan, appearing for Sajjan Kumar, filed an application saying there are certain documents of Jagdish Kaur, the complainant and a key prosecution witness in the case, which the CBI had earlier brought on record and examined also but now it says the agency is not relying on them.
"While leading evidence, the prosecution (CBI) relied upon these two affidavits and statement of Jagdish Kaur and got proved affidavits filed before Ranganathan Mishra Commission of Inquiry and Nanawati Commission of Inquiry from her on July 2, 2010.
"Now how can the CBI say these documents cannot be used as there are contradictions in Jagdish Kaur's statement and affidavits?," the counsel asked.
He also said the trial court while framing charges against the accused had also relied on these documents.
"These three documents which were collected by the CBI, relied upon during investigation, filed along with the charge sheet and they were also relied upon by the prosecution at the time of argument on charge and in fact on the basis of these documents the trial court has framed charges against the six accused. They form the basis of framing of charges," he said.
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.