HC transfers ’84 riots case involving Sajjan to another court

New Delhi, November 30

The Delhi High Court today transferred from one trial court to another a 1984 anti-Sikh riots case involving Congress leader Sajjan Kumar, "in view of the controversy generated" over allegations that the evidence was not being properly recorded.

While transferring the case from Karkardooma court to Patiala House court, Justice Siddharth Mridul made it clear that the transfer was "warranted to protect and uphold the dignity of the judicial system and to promote the faith of citizens in courts of law".

“It is my considered view that it would be necessary and expedient so to do in interest of justice and in view of the controversy generated in the present case to transfer it to another criminal court of equal jurisdiction," Justice Mridul said.

The high court also requested the District and Sessions Judge, Patiala House court, to video record the proceedings at the cost of the parties in the case, the petitioner and CBI.

The high court said the order was being passed "with the consent of the parties appearing before it", that included the petitioner Joginder Singh and the CBI.

It further made clear that the "order has been occasioned in interest of justice and with consent of parties before us".

"The directions proposed to be issued are with the view to render judicial officers immune from controversy and to protect their haloed reputation.

“It is, therefore, reiterated that the present order is not a comment on conduct of judicial officer hearing the present case, save and except to reaffirm the faith that the public reposes in that judicial officer," the high court said in its order.

"In view of the foregoing, the case pending before the Karkardooma court is transferred to District and Sessions Judge, Patiala House court, forthwith," the high court added.

The high court directed the "parties and their counsel" to appear before the District and Sessions Judge, Patiala House court, on December 8, the next date of hearing.

The District and Sessions Judge of Karkardooma court has been directed to transmit the case materials to Patiala House court before the next date.

Joginder Singh in his plea had sought transfer of the case to another court alleging that the evidence was not being properly recorded.

The petitioner had 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 and co-accused Brahmanand Gupta and Ved 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. — PTI