Sunday, June 6, 2010

Case of missing chargesheet waits for judge

NEW DELHI: Eighteen years and two judges later, the fate of the ‘missing chargesheet’ in a 1984 anti-Sikh riots case still remains undecided.

A trial court on Friday deferred till July 14 the pronouncement of order on an application filed by prosecution seeking clarification on whether a chargesheet allegedly involving Congress leader Sajjan Kumar can be clubbed with another 1984 anti-Sikh riots case.

It is the second time in a fortnight that the matter was deferred at the time of delivering the order. district judge Bimla Maken had decided to adjudicate the matter after a sessions judge recused himself from hearing the case.

Additional sessions judge V K Goyal, who earlier heard the arguments on the matter, had on May 21 recused himself from the case citing personal reasons on the day when he was to deliver the order. The district judge, to whom the matter was referred to by ASJ Goyal, had then decided to hear the matter herself after allowing the plea to transfer the case. The judge had reserved the order on June 2 after hearing the arguments at length from the prosecution as well as the victims’ counsel.

Interestingly, sources said the order in the matter is not likely to be decided even on July 14 as the incumbent judicial officer is going to retire on June 30. In fact, the sources added, the matter will be taken up by the new district judge who will replace Maken and it would now be heard afresh on the next date of hearing.

Meanwhile, riots victims association counsel H S Phoolka said he will move the Delhi high court to know the reasons as to why ASJ Goyal had recused himself. His decision to move the HC comes after Maken had asked Goyal to spell out the reasons for seeking transfer of the case in a sealed envelop. The judge had then ordered that the documents would not be opened without an order of the Delhi HC.

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with thanks : source : Times of India

SikhsIndia

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