Trial court did not consider Sajjan Kumar's conviction while granting him bail: SIT to Delhi HC

Jul 18, 2023

New Delhi [India], July 19 : The Special Investigation Team (SIT) on Tuesday said before the Delhi High Court that the trial court while granting bail to former Congress MP Sajjan Kumar did not consider his conviction in another 1984 Sikh riots case. The SIT has challenged the bail granted to Sajjan Kumar in a riot case related to killing in Saraswati Vihar area in November 1984.
The trial court judge had noted that his name was first mentioned seven years after the Incident.
Advocate Ajay Digpaul appeared for the SIT and submitted before Justice Dinesh Kumar Sharma that the trial court did not consider the fact of his conviction and sentence in Delhi Cantt riots case while granting bail to Sajjan Kumar. The trial court also made some observations which were not required at the time of granting bail to the respondent.
SIT's Counsel further argued that all the Prosecution witnesses have supported the case prosecution and there is clinching evidence against the respondent Sajjan Kumar. He also argued that respondent's bail plea on medical ground was dismissed by the Supreme court.
On the other hand, advocate Anil Kumar Sharma and Anuj Sharma, counsels for Sajjan Kumar argued that the bail granted by the court can be cancelled only on the ground of violation of bail conditions imposed by the court. In this case, there is no violation as the respondent in in jail serving a sentence.
Secondly, they argued, the trial court had also granted in another FIR investigated by the SIT. The bail was upheld by the Delhi High court. It is under challenged before the Supreme Court for last many years.
After hearing the arguments of the counsel the high court listed the matter for further hearing on November 20, 2023.
At the trial court, matter is at the final evidence and listed in August 2 for recording of statement of investigation Officer (IO).
On the last hearing on March 21 it was argued that there is no infirmity in the order granting him bail and there is no ground given by the Special Investigation Team (SIT) for cancellation of bail in a riots case.
Sajjan Kumar is serving life sentence in another matter related to anti-Sikh riots of 1984.
Special Investigation Team (SIT) has challenged the bail order passed by Special MP and MLA Court.
Sajjan Kumar is lodged in jail after his conviction by Delhi High Court in 2018 in another riots-related case. He was awarded a life jail sentence by the High court. Earlier he was acquitted by Karkardooma Court.
SIT, investigating riots-related cases, has challenged the bail order passed by Special Judge M.K. Nagpal on 27 April, 2022.