New Delhi, Aug 3: Congress leader Sajjan Kumar's plea to use statements before judicial commissions by a 1984 anti-Sikh riots victim to defend himself was today allowed by the Delhi High Court which said he has a right to get a “fair trial”.
The court, however, made it clear that Kumar will not be allowed to further cross examine prosecution witness Jagdish Kaur but he can rely on the affidavits she had given before the commissions.
Setting aside the trial court's June 2 decision which had dismissed Kumar's plea, Justice Pratibha Rani said, “accused has a right to get a fair trial. It is essential that the accused is given a reasonable opportunity to defend himself in the trial. He is also permitted to confront witnesses and other evidences that the prosecution is relying upon.”
“The trial court by curtailing this right of the accused had denied him his right to have a fair trial,” the court said.
The Congress leader had moved the high court against denial of the permission to use Kaur's statements to various judicial commissions, which had probed the 1984 riots.
The trial court had held that Kaur's statements to judicial commissions cannot be used for any purpose, including that for discrediting her testimony.
