A victim of the anti-Sikh riots of 1984, Jagdish Kaur, has filed an application/transfer petition seeking transfer of the trial of Sajjan Kumar and all the other accused, charged with murdering and rioting in connection with anti-Sikh riots, before the bench of District & Sessions Judge Sunita Gupta, Tis Hazari, New Delhi.
The applicant has stated in her transfer petition that the trial was presided over by ASJ Sunita Gupta until her elevation to the post of District & Sessions Judge and that the trial is at the stage of conclusion with only final arguments to be advanced on behalf of prosecution, but with ASJ Gupta’s elevation no presiding officer has taken charge of the concerned court. This, she contends, has resulted in further delay in disposal of the matter and also of prolonging of the agony of complainant as well as other victims.
She has further contended that the case is already delayed and any further delay shall only cause great prejudice to applicant. Therefore, in order to expeditiously dispose of the matter, the applicant has sought an order of transfer of the case to the court of ASJ Gupta.
Applicant has also pointed out in her transfer petition that the transfer will not prejudice the rights of accused since ASJ Gupta had conducted the trial till examination of most of the witnesses and because she has had the opportunity to observe the demeanour of the witnesses. Moreover, a fresh presiding officer will only lead to a fresh trail, applicant-Kaur added.
The trial till now was being conducted in the court of the ACMM, Karkardooma Courts.
The applicant had lost five members of her family to the anti-Sikh riots, including her husband, son, and three brothers.
News Source: India Legal News Wire
