Delhi HC notice to Sajjan Kumar on plea to cancel anticipatory bail

New Delhi: The Delhi High Court on Wednesday sought the response of Congress leader Sajjan Kumar on a plea seeking cancellation of the anticipatory bail granted to him by the trial court in a 1984 anti-Sikh riots case in which member from the community was killed.

Justice IS Mehta issued a notice to Kumar on a plea by the Special Investigation Team (SIT) seeking cancellation of the anticipatory bail given to Kumar by the trial court on December 21 last year.

The court posted the matter for the next hearing to November 10.

Earlier, two of the high court judges had recused themselves from hearing the matter.

The high court had on February 23 asked the SIT to inform it about the timing of each FIR lodged against Kumar in the case.

The timing of each FIR was sought as Kumar is an accused in several anti-Sikh riot cases and the court had expressed concern on how a person could be involved in each one of them.

The probe agency had informed the court that 10 FIRs were registered in Delhi against the Congress leader after the assassination of then prime minister Indira Gandhi.

The agency had on January 25 moved the high court seeking cancellation of Kumar's anticipatory bail.

While granting relief to the former MP on a personal bond of Rs one lakh and a surety of the like amount, the trial court had asked him not to leave the country without permission and to cooperate in the probe.

The SIT had earlier submitted before the high court bench that the cases filed against Kumar falling in the jurisdiction of Janakpuri and Vikaspuri police stations in west Delhi, were lodged after a delay of over 30 years as the complainant was "scared" to name the accused due to his "powerful" position.

The counsel for the SIT had also submitted that since Kumar's name has cropped up during the investigation in the case, he needs to be interrogated and his custody is also necessary as he has to be confronted with the evidence in the matter.

The SIT said that according to the complainant Harvinder Singh, whose counsel also sought cancellation of Kumar's bail, at around 11 am on the fateful day, the accused was seen leading a mob.

The complaint in Janakpuri pertains to the killing of two Sikhs -- Sohan Singh and his son-in-law Avtar Singh -- on November 1, 1984.

The other relates to Gurcharan Singh who was killed on November 2, 1984, in the jurisdiction of Vikaspuri police station.

According to the complaint, Gurcharan, who was half burnt, remained bed-ridden for 29 years. He died three years ago.

Seeking anticipatory bail from the trial court, Kumar had argued that his name had appeared in the case after 32 years and it was politically motivated.

The SIT had also submitted that the delay in the registration of the FIR and not assigning the investigation of the cases to an independent agency clearly suggest the influence of the accused/respondent at that time also.

The SIT, which was set up in February 2015 on the direction of the Ministry of Home Affairs to reinvestigate the closed case, said that it filed a detailed status report of the ongoing investigation before the trial court.