Sajjan Kumar’s petition only to delay trial: CBI to apex court


New Delhi : The Central Bureau of Investigation (CBI) Friday told the Supreme Court that Congress leader Sajjan Kumar’s petition challenging framing of charges against him in an anti-Sikh riot case by the trial court was just to delay the trial and should be dismissed.

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“The petition has been filed with the only objective of delaying the trial,” the CBI told the apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan.

Stating that there was no substantial question of law involved in Sajjan Kumar’s petition, the CBI said there was nothing in the Special Leave Petition to justify interference by the apex court. The court was told that the grounds mentioned in the petition were the same as those already raised in the courts below.

The investigating agency said: “It is well settled that at the stage of framing of charges, the material on record has not to be examined meticulously by weighing it in a golden scale.”

“A prima facie finding of sufficient material showing grave suspicion is enough to frame charges,” the investigating agency said.

The affidavit filed by Superintendent of Police, CBI, Surinder Pal who is supervising the case said it is well settled that at the stage of framing of charges the court has not to give elaborate reasoning.

Referring to a status report that Delhi Police filed July 31, 2008, three years after police had filed the closure report on Dec 22, 2005, the CBI said this was nothing but a “clandestine attempt to hush up the matter”.

The CBI said that Delhi High Court had asked the Commissioner of Police to inquire as to “how and in what capacity, the status report was filed”.

Sajjan Kumar had moved the Supreme Court Aug 13, 2010, challenging the framing of charges against him by a trial court and the rejection of his plea by the Delhi High Court.

The apex court Friday adjourned the hearing and directed the listing of the matter on Sep 7. Senior counsel Dushyant Dave appearing for some of the victims said that the court should hear the matter before Sep 6 as there were “serious issues” of witnesses being won over and coerced into silence.

He told the court that another case relating to anti-Sikh riots was listed for hearing Sep 6 before the trial court. He told the court that if the apex court could decide on Sajjan Kumar’s petition earlier, then the Sep 6 hearing before the trial court should be put off.