Testifying as a prosecution witness in the case, Vishwendra Singh, the then deputy secretary (home) of the Delhi government and now private secretary to the Lt. Governor, moved a plea before District Judge JR Aryan, seeking exemption from producing the complete file related to grant of sanction to prosecute the Congress leader.
Kumar opposed the plea saying the prosecution cannot withhold documents as the court has to see whether sanction granted by government to prosecute the accused was valid or not.
The court asked the Central Bureau of Investigation (CBI) to file its response, if any, and posted the matter for Feb 12 for orders on the issue of granting privilege to the witness for not producing the complete file.
Singh is a formal prosecution witness, who has been brought by the CBI to prove that sanction was given to prosecute Sajjan Kumar and other accused under section 153A (causing disharmony between different communities) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) of the Indian Penal Code.
Sanction for prosecution of accused charged under section 153A is mandatory.
Sajjan Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash are facing trial in connection with the killing of a man in Sultanpuri area of the capital in the riots that took place after the assassination of then prime minister Indira Gandhi. The court had earlier framed various charges, including murder and rioting against them.