The victims in a 1984 anti-Sikh riots case on Monday opposed Congress leader Sajjan Kumar's plea to drop nine CBI witnesses in a Delhi court, saying they are "very important" and leaving them out will be miscarriage of justice.
"The CBI had filed a consolidated charge sheet of three separate FIRs and the nine prosecution witnesses, who are very important in related matter, can not be dropped," senior advocate H S Phoolka, appearing for the victims, said.
Phoolka made his submission before District Judge J R Aryan during hearing on a plea by Kumar and three other accused who had sought removal of agency's witnesses claiming they were "irrelevant".
The victim's counsel contended that if the witnesses are left out then, there will be miscarriage of justice.
Meanwhile, the CBI had filed its response on applications of Kumar and others seeking summoning of records of the two other riots-related cases which have already been decided.
Phoolka also informed the court that there are number of appeals pending before the Delhi high court and in these circumstances the accused can get the certified copy of the documents they required.
The arguments which remained inconclusive will continue on October 19.
In a related development, Polk has written to the Delhi Police Commissioner seeking security for the witnesses so that they can give statements without any threat or fear and their testimony remains "uninfluenced, unbiased and factual".
To this request, the Commissioner has assured proper security to the witnesses, so that they can appear fearlessly for their deposition.
Earlier, the Delhi Legal Services Authority (DLSA) had asked police to provide 24-hour security to three witnesses in the cases involving senior Congress leader.
The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.
The CBI had earlier said though the charge sheet pertains to killing of six persons but it was only restricting to the charge relating to murder of Surjit Singh and not of other deceased in respect of whom the trial had already taken place.
Kumar had stated that CBI had filed a consolidated charge sheet of three separate FIRs and the nine prosecution witnesses, who are not related to the murder of victim Surjit Singh, should be removed.
He had said three separate FIRs were registered for the murder of six persons but if CBI was restricting its case to only one murder, then the witnesses who are not related to this murder should be removed.
CBI in its reply had opposed Kumar's plea saying it is for the agency to decide who are relevant or irrelevant witnesses and whom they want to remove.
The court is yet to fix a date for beginning the trial by recording statements of prosecution witnesses.
In the other application, the accused had also sought summoning of judicial records of two riot cases of Sultanpuri area which were decided in 2002 and 2003 as some of the witnesses of this case had also deposed during those trials.
Kumar was not an accused in both the cases which had resulted in acquittal of others.
In July 2010, the trial court had framed charges of murder and rioting against the accused in connection with the case of killing of Surjit Singh in Sultanpuri here.
The trial court had also framed charges for the offence of spreading enmity between two communities against the accused in the case.
CBI had filed two charge sheets against Kumar and others in January 2010 in the riots cases registered in 2005 on the recommendation of Justice G T Nanavati Commission which had probed the sequence of events leading to the violence.