New Delhi: A Delhi court on Wednesday directed the CBI to ensure that witnesses, who had sought security and livelihood, appear in a "fearless" atmosphere to depose before it in a 1984 anti-Sikh riots case involving Congress leader Sajjan Kumar. District Judge JR Aryan, who did not direct the government to provide them security so that they can give "uninfluenced and unbiased" testimony, also asked the investigating officer of the case to give his mobile number to the witnesses so that they can inform him about any kind of incident to hamper their free state of mind while giving evidence.
"Considering this submission made by the counsel HS Phoolka, investigating officer (IO) is directed to ensure that witnesses are provided confidence to appear in a fearless atmosphere in court. "It has been suggested to the IO that he can provide his mobile number to material public witnesses and witnesses be informed to contact the IO in any eventuality of any kind of incident to hamper their free state of mind while coming forward to give their evidence," the court said.
It, however, said senior advocate Phoolka, who has filed the application on behalf of the witnesses, has failed to mention any specific instance of threat given to them. Aggrieved with the court's order, Phoolka said they would challenge it in the high court as these witnesses are poor and vulnerable and need regular protection. "The court is about to start recording the statements of witnesses and this one month is very crucial.
Most of the witnesses are earning their livelihood by cleaning utensils in houses of people and by doing other odd jobs. "Government can spend crores of rupees on the security of these accused but it cannot spend a few lakh on the protection of witnesses," he said. The plea said that the Supreme Court as well as the Law Commission of India have more than once mentioned about the witness protection programme and have emphasised its importance.
In July 2010, the trial court had framed charges against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with the case of killing of six persons in the riots that had occurred after the assassination of then Prime Minister Indira Gandhi on October 31, 1984. Besides charges of murder and rioting, the trial court had also framed charges for the offence of spreading enmity between two communities against the accused in the case. Complainant Sheela Kaur, in her plea, sought security so that the witnesses can give statements without any insecurity, threat and fear and their testimony remains "uninfluenced, unbiased and factual".
The witnesses, who are also the victims, have filed the application in the riots case in which the Delhi High Court had recently refused to quash murder and rioting charges against Kumar and others relating to the killing of six persons in Sultanpuri area here. The counsel for the victims told the court that there are several people in the area around the witnesses' houses who trouble them everyday on one pretext or the other. He said the witnesses belong to the poor strata of society and are "under constant threat from accused Sajjan Kumar".
"Most of these witnesses are scared and are under constant insecurity that as soon as the house owners, where they are working, come to know that they are witnesses against Sajjan Kumar, they would lose their odd jobs which are sustaining them," it said. 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 GT Nanavati Commission which had probed the sequence of events leading to the violence.
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