District judge J R Aryan fixed December 11 for pronouncing the order after hearing arguments of the counsel for the CBI, accused and the victims.
The CBI had earlier said though the charge sheet pertains to killing of six persons but it was only restricting the charge relating to murder of Surjit Singh and not of other deceased persons in respect of whom the trial had already taken place.
Kumar and three other accused, in their plea, have sought removal of agency's witnesses claiming they were "irrelevant".
Kumar's counsel had earlier said that the CBI had filed a consolidated charge sheet of three separate FIRs and the nine prosecution witnesses, who are not related to the murder of victim Surjit Singh, should be removed.
He had said three separate FIRs were registered for the murder of six persons but if CBI was restricting its case to only one murder then the witnesses who are not related to this murder should be removed.
The CBI had, however, opposed Kumar's plea saying it is for the agency to decide who are relevant or irrelevant witnesses and whom they want to remove.
Kumar's plea was also opposed by senior advocate H S Phoolka, appearing for the riot victims, saying the nine witnesses are "very important" and leaving them out will be miscarriage of justice.
The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots that had occurred after the assassination of then Prime Minister Indira Gandhi on October 31, 1984. Accused Khushal Singh has died.
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