The Delhi High Court reserved its order on the anticipatory bail application filed by Congress leader Sajjan Kumar, accused of instigating a mob during the 1984 anti-Sikh riots.
Appearing for Sajjan Kumar, senior lawyer Amarendra Sharan told the court that the CBI has filed two cases against his client for which he has already faced trial and was acquitted.
Nothing new has been added in the fresh chargesheet, he contented.
Justice A K Pathak asked the CBI, ‘What is new in this case? When the witnesses are the same, charges are the same and he has been acquitted in the earlier cases, then where is the need for his arrest?’ The Judge told the CBI lawyer, ‘You filed a chargesheet in the Magistrate’s court and the Additional Chief Metropolitan Magistrate (ACMM) issues warrants against him, Now the ACMM des not have the powers to grant him bail, this power of granting bail rests with the Sessions Court. Now, when the ACMM will hear the case and will commit it to the Sessions Court, will he be granted a bail? You have left him remedy-less.’ ‘A person cannot be left without a remedy, in a limbo,’ the Court said.
Tuesday, February 23, 2010
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