1984 riots: Sajjan Kumar's trial to continue

Justice Suresh Kait dismissed the plea of Kumar, who was charged with rioting, murder and destruction of property, and paved way for his trial in the case.

Sajjan Kumar contested the trial court order, which in July 2010 framed charges against five accused, including him, for the murder of six people after the assassination of then prime minister Indira Gandhi Oct 31, 1984.

Sajjan Kumar. File pic

"It is not the province of the court to embark upon and sift the evidence to come to the conclusion, whether or not, an offence has been made out... The petition is bound to be dismissed," the court said while dismissing Sajjan Kumar's plea.

Justice Kait also dismissed the cross-appeal of complainant Sheela Kaur who sought to invoke charges of criminal conspiracy against Sajjan Kumar and the others charged in the case. She also opposed the plea to drop charges against Sajjan Kumar.

"No material is available on record to infer even meeting of mind of the accused persons so as to draw inference of their having entered into criminal conspiracy to commit the offences complained of," the court said while dismissing Sheela Kaur's plea.

It added that "senior advocate H.S. Phoolka (appearing for the complainant) could not point out any material from the charge sheet on the basis of which the petitioners could be charged for conspiracy".

Sajjan Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash Pial were charged with rioting, murder and destruction of property, amongst other things.

The Congress leader and two co-accused, Gupta and Pial alias Vedu Pradhan, moved the Delhi High Court in 2010.

A Karkardooma court had acquitted Sajjan Kumar of "killing" five people in the Delhi Cantonment area during the riots.

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