Additional Solicitor General (ASG) Sanjay Jain informed the court that the trial court had ignored the legal position that the anticipatory bail at the investigation stage in serious crimes should not be granted
Congress leader Sajjan Kumar has been "erroneously" granted anticipatory bail by a trial court and it should be cancelled, the Special Investigation Team informed the Delhi High Court on Thursday.
Appearing for the Centre, Additional Solicitor General (ASG) Sanjay Jain informed the court that the trial court had ignored the legal position that the anticipatory bail at the investigation stage in serious crimes should not be granted.
"Additional Sessions Judge has erroneously and arbitrarily passed the impugned order (granting bail) as a blanket order and failed to consider the settled legal proposition that applicant (Kumar) must show categorically and specifically that he had reason to believe that he may be arrested in the present case,"the ASG said in a petition seeking the cancellation of anticipatory bail granted to Sajjan Kumar, in connection to the 1984 anti-Sikh riots.
ASG Jain also informed Justice Anu Malhotra that due to the influential position of the accused, the witnesses are not coming forward to record their statements as the leader was not in custody.
Kumar was granted anticipatory bail by a trial court on December 21 last year in a case where three Sikhs were killed during the riots, which had erupted after the assassination of the then Prime Minister Indira Gandhi by her Sikh bodyguard.
The court was informed that the witnesses had fled to Punjab due to the fear of Kumar during the riots and now want to come forward to record their statements.
"The memories of the mass murder will stay forever. Today if they want to come and ventilate everything that happened with them, then what is wrong in it," Jain said, adding, the truth would always remain even after the passage of time.
Two cases were filed against Kumar at Janakpuri and Vikaspuri police stations in West Delhi.
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