A co-accused of Congress leader Sajjan Kumar in the 1984 anti-Sikh riots cases on Saturday pleaded before a Delhi court to transfer the matters to a judge having territorial jurisdiction to try them.
Special CBI Judge P S Teji reserved the order on the application of accused Khushal Singh in the riots cases.
In a plea, Singh submitted that Karkardooma court did not have jurisdiction to try the cases as the offences were alleged to have been committed at Sultanpuri and Delhi Cantonment.
"Karkardooma court where the matters are being heard are not the competent court as per the law with regard to territorial jurisdiction," Singh's counsel submitted.
He further said that Delhi has been divided into nine judicial districts and the matter should be heard by a court either at Rohini or at Tees Hazari district courts.
"The very purpose of dividing Delhi into nine judicial district was to make justice available at the doorsteps of the public and to ensure convenience," he said seeking transfer of the cases.
He also referred to section 177 of the CrPC, stating that any criminal matter should be heard by a competent local court having territorial jurisdiction.
CBI prosecutor Y K Saxena, on the other hand, opposed his plea stating that there was no question of territorial impropriety. "No prejudice is caused to the accused whether the matter is tried at Tees Hazari or Karkardooma. This is the only designated court of the CBI," he said.
He also said that the probe into riots cases was transferred to CBI from the Delhi Police. Sajjan Kumar and others, who have been chargesheeted by the CBI in two riots cases, were present before the court to which the matter has been transferred to initiate the proceedings related to trial.
On March 20, Additional Chief Metropolitan Magistrate had declined to take on record an application of Kumar seeking certain documents related to the chargesheet filed against him in riot cases, saying it was aimed at causing hindrance in the progress of the case. The ACMM had sent the case against Kumar and others before a Special CBI Court.
CBI had filed two chargesheets on January 13 in the riots cases registered on the recommendation of Justice G T Nanavati Commission which had inquired into the sequence of events leading to the riots in the aftermath of the assassination of the then Prime Minister Indira Gandhi.
