'In case of Tytler, it (CBI) filed the closure report while in case of Sajjan, it sought prosecution though there is no evidence against him,' SA Hashmi, counsel for Kumar, said.
Congress leader Sajjan Kumar today alleged before a Delhi court that the CBI had adopted "double standards" in its investigation with regard to charges against him and former Union minister Jagdish Tytler.
"CBI was taking contradictory stand with regard to the role of two politicians. In case of Tytler, it filed the closure report while in case of Sajjan, it sought prosecution though there is no evidence against him," SA Hashmi, counsel for Kumar, told additional sessions judge Sunita Gupta.
CBI, which investigated role of Tytler, gave him a clean chit and instead went on to file a charge sheet against Kumar relying upon statements of witnesses who had already been examined and denied his role, he claimed.
During the two-hour-long order, Kumar's other counsel Anil Kumar Sharma, who concluded the arguments, submitted that
the case involving the killings of six persons at Sultanpuri
in the riots did not have any fresh evidence.
"A total of 60 persons were killed on November 1, 1984 in the riots. How was it possible that Kumar's speech instigated the mob to kill only six persons? The contention of CBI that his speech caused the mob to become unruly was faulty and wrong," he said.
The CBI had listed the names of those witnesses who had already been examined by a court of competent jurisdiction, he
claimed adding the trial with regard to murder of six victims
had already taken place.
Sharma submitted that all the accused with regard to killing of victims Basant Singh and his two sons Balihar and Balbir were acquitted by the court in 2002.
Another court had already absolved the accused in the case relating to murder of three other victims Mohan Singh, Hoshiyar Singh and Ranjeet Singh in 1994, he said, adding that the probe agency cannot seek a retrial in the matter.
CBI is seeking prosecution of Kumar, former outer Delhi MP, and Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash for the murder of six persons at Sultanpuri area in north-west Delhi in the riots that took place in the aftermath of the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
As the arguments on behalf of the accused to oppose the CBI's plea to frame charges against them concluded, the CBI is likely to put forth its rebuttal on June 5.
The same court had already framed charges against Kumar and others with regard to killings of five persons at Delhi Cantt during the riots.
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