The Delhi High Court today asked a public prosecutor appearing in the 1984 anti-Sikh riot case to file reply to the victims' plea seeking transfer of a related case to another court alleging that the evidence was not being properly recorded.
Justice Siddharth Mridul, who had stayed the trial court proceedings in the case allegedly involving Congress leader Sajjan Kumar, directed Special Public Prosecutor D P Singh to file his personal affidavit commenting on the allegation against the judge in the petition filed by complainant Joginder Singh.
The court's order came after CBI supported the plea by Singh who said "the transfer of the case is imperative for meeting the ends of justice".
After taking note of CBI's submission, the court has now asked the prosecutor in the case to file his response in personal capacity.
Besides replying to the victims' allegation, the judge had asked him to responsd within two weeks to senior advocate H S Phoolka's claim in his affidavit, filed in support of Singh, that the correct version of the witness was not recorded.
While orally observing that 1984 issue is an old issue and has been simmering since so many years, it needs closure, the judge fixed the matter for further hearing on November 30.
Sajjan Kumar, co-accused Brahmanand Gupta and Ved Prakash, who were asked to respond to Singh's allegation, opposed Singh's contention and said "such frivolous application, which is politically motivated, for transfer must be checked to ensure that ends of justice are not defeated" and the plea should have been moved before the trial court itself.
The complainant has alleged that the presiding officer "on his own interpreted" what prosecution witness Sheela Kaur had said during recording of her evidence.
Deposing as a prosecution witness, Kaur had on September 10 told the trial court that she had seen Kumar allegedly addressing the crowd and instigating the mob to kill them.
Kumar, Gupta and Prakash are facing trial on charges of murder and rioting in the killing of Surjit Singh in Sultanpuri area of West Delhi.
The court had in July 2010 framed charges, including of murder and rioting, against Kumar, Gupta, Peeriya, Khushal Singh and Ved Prakash in connection with Surjit's killing in the riots. Accused Khushal Singh and Peeriya have since died.
