The victims filed a petition to transfer the matter to the District Judge's court on the ground that she was conducting the trial and now it is getting delayed.
The victims of 1984 anti-Sikh riot Friday approached a Delhi court seeking that the trial of Congress leader Sajjan Kumar be conducted before the same judge who had earlier been hearing the case and was transferred to another court after being elevated.
The victims filed a petition before District Judge Sunita Gupta, who was recently elevated as District Judge and was earlier hearing the case, to transfer the matter to her court on the ground that she was conducting the trial and now it is getting delayed as no other judge has taken charge of the concerned court.
"After the elevation of the trial judge (District Judge Sunita Gupta), no presiding officer has taken charge of the concerned court where the trial of the case is going on, which is causing further delay in the disposal of the case and also prolonging the agony of the complainant as well as other victims," Jagdish Kaur, one of the victims and complainants of the case, said in her application.
The judge put up the application for hearing on November 15.
The trial in the case relating to the killing of six persons in Delhi Cantonment area is near conclusion as the court has already recorded the statements of the prosecution witnesses and out of 17, only two defence witnesses are left to be examined.
The application, filed through counsel H S Phoolka representing the riot victims, said it is a 27-year-old case and the victims have been waiting for justice.
"It shall be expedient for the ends of justice that an order of transfer be passed so that further delay in the conclusion of trial is curtailed," it said.
Since no judge has taken charge of the concerned court in the Karkardooma courts complex, the matter was today deferred till November 25.
Kaur, in her plea, said section 408 (1) of the CrPC provides for expeditious disposal of pending cases and to avoid a fresh trial if another judge takes over the case by avoiding unnecessary delay in disposing off the case.
Kumar is facing trial along with Balwan Khokkar, Kishan Khokkar, Mahender Yadav, Girdhari Lal and Captain Bhagmal on the charge of inciting mobs against the Sikh community and having six of them killed in Delhi Cantonment area during the riots that had broken out after the assassination of the then Prime Minister on October 31, 1984.
The case against Kumar was registered in 2005 on a recommendation by Justice GT Nanavati Commission. CBI had filed two charge sheets against him and others in January last year.
The trial court had in May, 2010, framed charges against Kumar and five others under Sections 302 (murder), 395 (dacoity), 427 (mischief to cause damage to property), 153A (promoting enmity between different communities) and other provisions of IPC.
Sajjan Kumar is facing prosecution in three cases in which he has been accused of inciting a mob against the Sikh community following the assassination of Indira Gandhi.
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