The Delhi High Court today refused to give interim relief to former Congress MP Sajjan Kumar who is facing threat of arrest by the CBI in 1984 anti-Sikh riots cases.
It deferred the anticipatory bail application of Sajjan Kumar till Monday.
Justice A K Pathak, hearing Kumar's anticipatory bail plea, refused to restrain the CBI from arresting him till Monday.s The former MP's lawyer Amrender Sharan said Kumar was accused of the same offence earlier but was never arrested for the last 25 years.
He has faced trial in the case and was acquitted. Filing an FIR of the same offence is bad in law and should be quashed, he said.
''My client's right to life cannot be taken away by a procedure which is not sanctioned by law,'' Mr Sharan argued.
It is the violation of Article 21 of the constitution as his fundamental rights are being infringed and his liberty to life is being taken away by a procedure which is not sanctioned by law, Mr Sharan stated.
He was not arrested for the last 25 years as there was nothing against him, he added.
A battery of lawyers appearing for Kumar have filed a writ petition in the court to quash the FIR filed against him as he has already faced trial in the cases for 25 long years. A person cannot be charged twice for the same offence, Advocate I U Khan, appearing for Kumar said.
Mr Khan pleaded that the court should restrain the CBI from arresting Kumar as he has never violated any legal condition laid down in the earlier bail applications and had participated in the trial without influencing any witnesses or tampering with any evidence whatsoever, Mr Khan said.
The court, however , refused to grant any interim relief and posted the matter, of hearing the anticipatory bail application, till Monday.
Thursday, February 18, 2010
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