Justice Pratibha Rani is slated to deliver the judgement on Kumar's plea in forenoon. The veteran Congress leader had moved the high court during the summer vacation against denial of permission to use victim Jagdish Kaur's statements to various judicial commissions, which had probed the 1984 riots.
The trial court had dismissed Kumar's plea on June 2 saying that Kaur's statements to judicial commissions cannot be used for any purpose, including that for discrediting her testimony or to impeach her.
The Congress leader, in his plea, had said the affidavits and statements of the complainant and key witness Jagdish Kaur, given earlier to the judicial commissions that probed the riots, should be allowed to be used to confront her with her recent testimony in the ongoing trial.
The former Delhi MP had filed an application saying the CBI prosecutor R S Cheema on July 12, 2010 had told the court that Kaur's affidavits and statement to G T Nanavati and Justice Ranganath Mishra Commissions cannot be used because of contradictions.
The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any commission cannot be used against her for the purpose of questioning her testimony.
According to Kumar, if the prosecution and the witness would use the affidavits filed before Ranganath Commission and Nanavati Commission, then there is no law which forbids him from confronting them. (More)