New Delhi, India (January 17, 2013): It is learnt that the Delhi High Court on January 16, 2013 asked the Delhi police commissioner to consider a complaint to be filed on behalf of November 1984 carnage victims seeking a CBI probe against police officials responsible for scuttling the charge-sheet, which was prepared it 20 years ago against senior Congress leader Sajjan Kumar in the case.
The petitioner, November 1984 Carnage Justice Committee, reported told that charge sheet against Kumar prepared in 1992 but was never filed before the court, with the “sole purpose of saving and shielding Sajjan Kumar”.
A division bench of Chief Justice D. Murugesan and Justice V. K. Jain disposing of the plea asked the petitioner to file the complaint before the commissioner of police, which will look into it.
“So far no complaint is lodged in this regard with the police. In the absence of any complaint pending, we are not inclined to issue any direction,” the court reportedly said.
“We, however, made it clear that when petitioner files any complaint, the Commissioner of Police will look into it accordingly,” it said.
Advocate H. S. Phoolka said the charge-sheet related to an (first information report) FIR lodged at Nangloi police station in 1987 against Sajjan Kumar only in the murder of four Sikhs during the November 1984 violence against Sikhs.
“April 8, 1992 a charge sheet relating to FIR 67/1987 at Nangloi Police station, Delhi was prepared by the police and was ready to be filed in the court. In the said charge-sheet accused Sajjan Kumar, the then Congress MP has been shown as the only accused… but it was not filed in the court. It was suppressed for 20 years and did not see the light of the day,” said the plea.
“This charge-sheet was withheld with the sole purpose of saving and shielding Sajjan Kumar,” added Advocate H S Phoolka.
The PIL said: “Till today, the charge sheet in FIR 67/87 is lying in the police files and has not been placed before the concerned court.”
“The action of the police is totally illegal, against the law and is in gross violation of the human rights. The police is duty bound to file in the court a report of every FIR and it is finally the power of court to take a decision. Police has no authority to decide to withhold a charge sheet, that too a charge sheet involving serious offences likes murder.”
“FIR 67/87 was suppressed with a view to save Sajjan Kumar who was influential Political leader and was a sitting MP in the year 1992. The police officer concerned who suppressed this charge sheet for 20 years has committed an offence…,” the PIL said.