SC to hear Sajjan Kumar\'s bail plea in anti-Sikh riots case on April 8\, Justice Khanna recuses

SC to hear Sajjan Kumar's bail plea in anti-Sikh riots case on April 8, Justice Khanna recuses

Press Trust of India  |  New Delhi 

The Monday said that plea of former Sajjan Kumar, who was sentenced to life term in a 1984 case, will be heard on April 8 after Justice Khanna once again recused himself from hearing the matter.

73-year-old Kumar has also challenged in the top court the High Court's December 17 last year verdict awarding him life imprisonment for the "remainder of his natural life" in the case.

The case in which Kumar was convicted and sentenced relates to the killing of five Sikhs in Cantonment's Part-I area of southwest on November 1 and 2, 1984, and burning down of a Gurudwara in Part-II.

had broken out after the assassination of then on October 31, 1984 by her two Sikh bodyguards.

Kumar's application seeking in the case came up for hearing on Monday before a bench comprising Bobde and Khanna.

"List the instant application for on April 8 before a bench of which one of us (Khanna, J) is not a member," the bench said in its order.

Kumar had surrendered before a trial court here on December 31, 2018, to serve the sentence in pursuance of the high court's December 17 verdict.

After his conviction in the case, Kumar had resigned from the party.

The CBI has recently told the apex court that Kumar's plea seeking bail in the case should be dismissed as he has a "large political clout" and is capable of "influencing or terrorising" witnesses in the case pending against him.

It has told the court that fair trial in the pending case would not be possible if Kumar is granted bail.

The top court had earlier admitted Kumar's appeal for hearing and had also issued notice to the CBI on his bail plea seeking its response.

The high court had convicted and sentenced Kumar to spend the remainder of his life in jail for the offences of criminal conspiracy and abetment in commission of crimes of murder, promoting enmity between different groups on grounds of religion and doing acts prejudicial to maintenance of communal harmony and defiling and destruction of a Gurdwara.

It had also upheld the conviction and varying sentences awarded by a trial court to five others former Balwan Khokhar, retired Bhagmal, Girdhari Lal and ex-MLAs Mahender Yadav and Kishan Khokhar.

In its judgment, the high court had noted that over 2,700 Sikhs were killed in the national capital during the 1984 riots which was indeed a "carnage of unbelievable proportions".

It had said the riots were a "against humanity" perpetrated by those who enjoyed "political patronage" and aided by an "indifferent" law enforcement agency.

The high court had set aside the trial court's 2010 verdict which had acquitted Kumar in the case.

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First Published: Mon, March 25 2019. 18:35 IST