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Synopsis

The Special Investigation Team (SIT) on Tuesday submitted before the Delhi High Court that the trial court, while granting bail to former Congress leader Sajjan Kumar, did not consider his conviction in another 1984 Sikh riots case.

A bench of Justice Dinesh Kumar Sharma was hearing a plea by SIT challenging the trial court order granting the former Congress leader bail in the rioting and murder case lodged at Saraswati Police Station.

The case concerns the murder of one Jaswant Singh and his son Tarun Deep Singh, both residents of West Delhi.

During the hearing, Central Government Standing Counsel (CGSC)  Ajay Digpaul appeared for the SIT and contented that the trial court while granting bail to former Congress Leader Sajjan Kumar did not consider his conviction and sentence in the Delhi Cantt riots case. He submitted that the trial court made some observations that were not required at the stage of bail.

The counsel submitted that all the prosecution witnesses had supported the case of the prosecution and there was clinching evidence against the former Congress leader. He further argued that Kumar’s bail plea on medical grounds was dismissed by the Supreme Court.

On the contrary, Advocates Anil Kumar Sharma and Anuj Sharma, appearing on behalf of Kumar argued that the bail granted by trial court can be cancelled only on the ground of violation of bail conditions, and in this case, there was no such violation as he was in jail serving a sentence.

The counsel also submitted that the trial court had also granted bail to Kumar in another FIR investigated by the SIT and the bail was upheld by the High Court. He added that it was under challenge before the Supreme Court for many years.

The matter will be taken up for further consideration on November 20.

Earlier, the former Congress leader had told the court that there was “no infirmity” in the trial court order granting him bail and there was “no ground” given by the Special Investigation Team (SIT) for cancellation of bail in the case related to the 1984 Anti-Sikh riots.

The former Congress leader is currently serving life imprisonment in another matter related to the Anti-Sikh Riots of 1984.

SIT in the present case, investigating the Anti-Sikh riots case of 1984, challenged the bail order passed by Special Judge MK Nagpal of Rouse Avenue Court, Delhi on April 27, 2022. The Special Judge had granted bail to Sajjan Kumar on furnishing a bail bond of Rs. 1 Lakh and one surety of like amount.

Notably, a single-judge bench of Justice Yogesh Khanna in July 2022, stayed the trial court's order which granted bail to former Congress leader Sajjan Kumar in the rioting and murder case linked to the 1984 Anti-Sikh Riots. 

Case Title: State, through SIT 1984 Riots v. Sajjan Kumar