1984 Genocide – Witness Seeks Privilege on Sanction File

Delhi: A Delhi Government official today told a Court that he be exempted from producing the complete file relating to grant of sanction to prosecute Congress leader Sajjan Kumar in a 1984 anti-Sikh Genocide case.

Vishwendra Singh, the then deputy secretary (Home) of Delhi Government, submitted an affidavit before district judge J R Aryan seeking “privilege” for not producing the complete file containing the official notings.

Singh, a prosecution witness and now private secretary of LG of Delhi, was earlier asked by the court to produce records relating to grant of sanction to prosecute Kumar.

However, Singh had sought time to seek permission from the LG office for showing records of sanction of 1 January , 2010.

CBI counsel D P Singh today argued that complete file is not required and in other case of genocide in Delhi cantonment also privilege was granted and complete file was not produced.

His plea for privilege was opposed by Sajjan’s counsel.

Meanwhile, the court fixed 5 February 2014 for arguments on Singh’s contention before the court.

He is a formal prosecution witness, who has been brought by the CBI to prove sanction to prosecute Sajjan Kumar and other accused under section 153A (causing disharmony between different communities) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) of the IPC.

Apart from Sajjan Kumar, Brahmanand Gupta, Peru, and Ved Prakash are also facing trial for the charges of murder and rioting in connection with the case of killing of Surjit Singh in Sultanpuri area in the genocide that had occurred after the assassination of then Prime Minister Indira Gandhi on 31 October 1984.

The court had on 10 January commenced the trial in the case by recording the statement of Singh who was unable to give details regarding the sanction issue without looking at the documents.

Source: The Indian Express

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