New Delhi, India (November 9, 2013): As per media reports Congress leader Sajjan Kumar has sought to declare that the probe conducted by CBI against him in a case related to November 1984 massacre of Sikhs as “illegal”.
He has further sought that chargesheets filed by the CBI against him in November 1984 related cases should also be declared “illegal” in wake of a recent decision by the Gauhati High Court in which the court said that the Central Bureau of Investigation (CBI) was ‘unconstitutional’ and does not have powers to investigate crimes.
Sajjan Kumar is one of the prime perpetrators of the Sikh genocide 1984, who has enjoyed state patronage and protection for last 29 years. Sajjan Kumar’s counsel mentioned the Gauhati High Court’s judgement before a Delhi court on November 8, 2013 and said if the CBI itself is unconstitutional, its probe and chargesheets are also illegal.
The judge, however, said the effect of this judgement is not clear at this stage as it is too early and asked the council to proceed with the case.
The court also asked the defense counsel to advance his arguments on the two applications filed by Sajjan Kumar and other accused in the case.
The court has fixed November 15 as the next day of hearing.
It is notable that “genocide” has not been recognized as a crime under Indian law, as India has no statute that defines, prohibits or punish the crime of genocide. India has labeled the Sikh genocide of November 1984 as mere “riots”.
It may be recalled that a trial court in Delhi had earlier framed various charges including murder and rioting against Mr Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the genocidal violence against the Sikhs that was organized by high-ups in the Indian administration and the ruling Congress Party after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. One of the accused, Khushal Singh, has already died.
The CBI had earlier said that though the chargesheet pertains to killing of six people, it was only restricting to the charge relating to murder of Surjit Singh and not of other deceased in respect of whom the trial had already taken place.
The court is yet to fix a date for beginning the trial by recording statements of prosecution witnesses.
Sajjan Kumar and three other accused had moved an application seeking removal of CBI’s nine witnesses in the case claiming they were “irrelevant”.