A division bench of Justice G.S. Sistani and Justice G.P. Mittal would next hear the case on October 30.
The CBI said that the trial court “erred in acquitting Mr. Kumar as it was he who had instigated the mob during the riots”.
The trial court on May 30 acquitted Mr. Kumar in a case related to the killing of five people in Delhi Cantonment area during violence against the Sikhs following the assassination of Indira Gandhi.
The court had let off Mr. Kumar saying he deserved the “benefit of doubt” as key witness Jagdish Kaur did not name him as an accused in her statement given to a panel.