July 2, 2012 | By Sikh Siyasat Bureau
New Delhi (July 02, 2012): As per reprots a Delhi court on Sunday (July 01, 2012) dismissed Congress leader Sajjan Kumar’s plea to use in his defense a 1984 Sikh massacres victim’s statements to a judicial commissions, allegedly contradicting her testimony to trial court.
The witness’ statements to judicial commissions cannot be used for any purpose, including that for discrediting her or to impeach her, District Judge J. R. Aryan is reported to have said by PTI.
The Congress leader, in his application, had said the earlier affidavits and statements of complainant and key witness Jagdish Kaur to the judicial commission be allowed to be used to confront her with her recent testimony in the ongoing trial.
“It is clear that without going into the wider questions, even a plain reading of section 6 of the Commissions of Inquiry Act will prohibits the use of the previous statements at the trial either for the purposes of cross examination to contradict the witness or to impeach his credit,” the court is reported to have said.
The former Outer Delhi MP had filed an application saying that CBI prosecutor R S Cheema on July 12, 2010 had told the court that affidavits and statement of complainant and key witness Jagdish Kaur, recorded by G. T. Nanavati and Ranganath Mishra Commissions, cannot be used because of contradictions.
The CBI had said as per the provisions of the Commission of Inquiry Act, the affidavits and statements of a witness given before any Commission cannot be used against her for the purpose of questioning her testimony.
Sajjan Kumar, Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal are facing trial in the killings of six people in Delhi Cantonment area during the 1984 carnage which had broken out after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. They are accused of instigating a mob to attack and kill the Sikhs.
It is notable that On July 3, 2010, Jagdish Kaur, during her cross examination in the court of Additional Sessions Judge Sunita Gupta identified Sajjan Kumar as a person instigating the mob during the massacre. Along with Sajjan Kumar, Jagdish Kaur identified Sajjan Kumar’s nephew Balwant Khokkar, Girdhari Lal and Captain Bhagmal as accomplices. She told the court that she had made the same statements before all authorities, be it Nanavati Commission, CBI or the magistrate in Punjab but persons/officials who were writing down her statements, noted it differently.
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