New Delhi, Dec 31 (IANS) Congress leader Sajjan Kumar could be in for trouble with Delhi Lt Governor Tejendra Khanna Thursday giving the Central Bureau of Investigation (CBI) the go-ahead to prosecute him in murder and communal rioting cases related to the 1984 anti-Sikh carnage.
“Lt Governor Tejendra Khanna has given the nod to the CBI to prosecute Sajjan Kumar,” a Raj Bhavan source told IANS.

Former parliamentarian Sajjan Kumar is accused of instigating mobs that went on the rampage killing Sikhs across Delhi in 1984 in the wake of the assassination of the then prime minister Indira Gandhi.

The sanction was required as Kumar is a former MP and has been charged under Section 153-A of the Indian Penal Code (spreading enmity between two communities).

CBI officials said according to a case registered against Sajjan Kumar in 1984, he and ten others allegedly instigated riots in Sultanpuri area of Delhi in which 49 people were killed.

A few days ago Home Minister P. Chidambaram informed the Rajya Sabha that the CBI had completed investigation or re-investigation of seven cases against Congress leaders — former Delhi MP Jagdish Tytler, Sajjan Kumar and late Dharam Das Shastri, who was also an MP from Delhi.

After completing the investigation, the CBI sought permission under Section 196 of the Criminal Procedure Code (CrPC) from the Competent Authority to prosecute the accused people in four cases.

In one of the cases, closure report was filed on Sep 28, 2007, and the court on Apr 21, 2009, accepted the closure report. In another case a chargesheet was filed against Tytler on Sep 28, 2007, and the final report was filed on March 28, 2009. The matter is in court.

The move to prosecute Sajjan Kumar has left victims’ families “upbeat and rejuvenated their hopes of justice after a prolonged delay”, said Harvinder Singh Phoolka, lawyer of the families of riot victims.

“This was the biggest hurdle in our striving for justice,” Phoolka, who has been battling for justice almost single handedly for the last 25 years, told IANS.

The lawyer said the CBI will now file fresh murder charges against Sajjan Kumar in four cases - “two registered in the Sultanpuri police station and one each registered in Mangolpuri and Delhi Cantonment”.

“In these four cases, 11 witnesses have given their evidences, recorded their statements and identified Sajjan Kumar who was instigating people against Sikhs in these areas and spreading enmity between two communities.”

The lawyer said: “Sajjan Kumar will be tried under sections 302 (murder) and 153(A) (spreading communal animosity). He has to apply for bail, and if denied he will be arrested.

“It is a great step in our struggle for justice. The CBI has been sitting over this case for the last four years after it completed its investigation.”