September 20, 2010 | By Tejashdeep Singh
New Delhi (September 20, 2010): The Supreme Court today refused to quash the charges of murder and other offences against senior Congress leader Sajjan Kumar. The Court has maintained that the trial will continue against him in a 1984 Sikh Carnage case. A bench comprising Justices P Sathasivam and A R Dave vacated the August 13 interim order staying the trial proceedings against him before a Delhi court.
“The trial judge is free to analyze and evaluate the charges, and the submissions to arrive at appropriate conclusion,” the bench said while disposing of the appeal filed by Sajjan Kumar against a Delhi High Court order. The apex court directed the trial court to expedite the hearings of the case for its early disposal. It said the observations made by the Delhi High Court on the investigation of the case and against Sajjan Kumar will not affect the trial court from arriving at its conclusion.
“The trial judge is free to analyze, appreciate and evaluate the materials placed before it,” the court said. The bench further clarified that all observations by the high court would not influence the trial court in the ultimate analysis of the evidences. “We are of the view that it (observations) cannot be either bad or abuse of law,” the court said.
The court had earlier reserved its judgment on September 13 on the appeal filed by Sajjan Kumar against the Delhi High Court decision refusing to stay the trial against him on July 19. The high court had then refused to quash various charges, including that of murder, against Sajjan Kumar saying the delay in prosecution had apparently benefited him.
The Supreme Court of India had on August 13 stayed for two weeks the trial proceedings against Sajjan Kumar. The Congress leader had contended before the Court that the observations made by the High Court could have a bearing on the trial.
In a special leave petition, Sajjan Kumar had argued that the complainants’ testimony against him were unreliable and the high court made various uncalled for observations that could determine the fate of the trial. The CBI had defended its decision to re-investigate the case against Sajjan Kumar for his alleged involvement in the riots, saying it was a decision taken by Parliament.
Sajjan Kumar, a former Outer Delhi MP, is facing prosecution in two cases in which he was accused of leading and inciting the killers against Sikhs in the aftermath of the then Prime Minister Indira Gandhi’s assassination on October 31, 1984.
The trial court had in May this year framed charges against Sajjan Kumar under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC paving the way for his trial as well as that of five others.
CBI had accused Sajjan Kumar of provoking people against members of Sikhs during the carnage that led to the killing of five persons in Delhi Cantonment area. Besides Sajjan Kumar, other accused in the case are Balwan Khokhar, Krishan Khokhar, Mahender Yadav, Captain Bhagmal and Girdhari Lal.
CBI had filed two charge-sheets against Sajjan Kumar and others on January 13 in the riots cases registered in 2005 on the recommendation of Justice G. T. Nanavati Commission which inquired into the sequence of events leading to the riots.
The trial court had on July 7 framed charges against the politician in another case in connection with the Sikh Carnage.
Media continues to hide the truth even after 25 Years
Ludhiana (September 20, 2010 – SikhSiyasat Network) Indian media has actively abetted to veil the truth related to killings of thousands of Sikhs in first week of November in 1984. Government and the media have popularized the term ‘riots’ for the systematic and well-planned and organized carnage of Sikhs.
Recently, Sikhs for Justice, a US based Human Rights Advocacy group has moved a petition in Parliament of Ottawa, Canada, to recognize the carnage as “Genocide” under Article 2 of UN Convention on Genocide.
The highest temporal and religious body of Sikhs, Sri Akal Takhat Sahib, has also confirmed the fact of genocide, because the Sikhs were targeted, with specific intention to kill them, just because they were Sikhs.
But Indian media, in its attempt to misguide the world view, continues to use the term riots, while referring to events of November 1984.
“Terms have their own significance in describing the magnitude of events. Indian State, as helped by Government and Non-Government media, popularized the term ‘riots’ just to veil the truth and viciously affect the world view about the events of November 1984.” said Makhan Singh, Vice President of Sikh Students Federation, when asked to comment.
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