February 24, 2010 | By Sikh Siyasat Bureau
New Delhi (February 24, 2010): Dismissing the investigating agency’s alibis for not arresting Congress Leader Sajjan Kumar, Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma issued fresh non bailable warrants against him and the other accused in November 1984 massacre of Sikhs.
Showing resentment on the non-execution of the earlier non bailable warrant against Sajjan Kumar issued on February 17, 2010, Court slammed CBI for giving lame excuses for not arresting and producing Sajjan Kumar and other accused before the court. ACMM directed the Superintendent of Police concerned to ensure the execution of CBI personally under the supervision of the CBI Director.
ACMM further directed CBI to present Sajjan Kumar and other accused before court on March 10, 2010.
Also, court dismissed a plea by counsel for Sajjan Kumar, I.U. Khan to exempt him from personal appearance till his anticipatory bail application pending before the Delhi High Court was decided. Facing a threat of arrest, Sajjan Kumar approched Delhi High Court to expedite the hearing on his anticipatory bail plea, but Delhi High Court refused the plea.
However, one accused Girdhari Lal was produced before court by CBI. ACMM remanded Girdhari Lal to judicial custody.Attorney Gurpatwant Singh Pannun, legal advisor Sikhs For Justice stated that in such scenario, Sajjan Kumar should be arrested as early as possible as the matter relates to murder of thousands of Sikhs. He further stated that we are hopeful that the Delhi High Court would deny anticipatory bail to Sajjan Kumar.
Despite the fact that Sajjan Kumar was duty bound to honor the court’s order, he disrespected the court’s order twice. Sajjan Kumar didn’t show up before the court either on February 17, 2010 or on February 23, 2010, thus proving his culpability in the killing of thousands of Sikhs during November 1984. Had he been innocent, he would have appeared before court to prove his innocence.
The CBI counsel said the bureau had conducted four raids at different places to nab the accused, including Sajjan Kumar, but failed to nab any of them except Girdhari Lal.
Hearing this, the court pulled up the CBI, saying the bureau was not working properly.
Slamming CBI, the court said “Is this the manner in which the premier investigating agency is working? Why were efforts not made in the night hours when there was a high probability of the accused being present in their homes? It seems that CBI is not interested in investigating the matter.” “The report you have submitted is just a stereotype report. I don’t understand why the search is conducted on the residence of the accused? Is there no other place where these people are available?” the court asked.
Further the court said, “So far ground work is concerned, CBI does not seem to be serious enough to apprehend the accused. CBI wants to complete only paper work. These are all stereotype reports.”
On this the CBI counsel Y.K. Saxena said: “There is no other place where these people are available. These people are deliberately hiding.”
Terming the arrest of Girdhari Lal as a catch of a small fish, the court said: “The investigating officers of the cases are not serious about arresting the accused. Their role is suspicious.”
Demanding the accused persons should be declared as proclaimed offender under the due process of law, the CBI counsel said: “They are hiding and concealing some facts, so necessary steps should be made to declare them PO.”
On this Khan, Sajjan Kumar’s Counsel said: “I am a law abiding citizen and am only waiting for the high court’s order on the bail.”
On this, the judge said: “If you are a law abiding citizen, then where is he? He should obey the court’s order first.” The court however dismissed the application made on behalf of the accused for exemption of personal appearance, stating: “The court will not work at the mercy of the accused. At present the accused persons are abusing their rights.”
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