1984 riots: Court reserves order on plea for probe in Jagdish Tytler case

1984 riots: Court reserves order on plea for probe in Jagdish Tytler case

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New Delhi:  A Delhi court on Thursday reserved its order for April 10 on a plea filed by a 1984 anti-Sikh riots victim seeking further probe by the CBI in a case of killing of three persons in which Congress leader Jagdish Tytler has been given a clean chit by the agency.

Additional Sessions Judge (ASJ) Anuradha Shukla Bhardwaj reserved the order after hearing the final arguments of the CBI and the victim.

"Arguments concluded. Fix it for order on April 10," the court said.

During the arguments, CBI prosecutor Sanjay Kumar sought dismissal of the plea filed by the victim saying the probe has made it clear that Mr Tytler was not present on November 1, 1984 at Gurudwara Pulbangash in North Delhi where three people were killed during the riots.

The prosecutor said at the time of the incident, Mr Tytler was at Teen Murti Bhawan, the residence of the then late Prime Minister Indira Gandhi.

"The CBI has already re-investigated the case on the order of trial court but there was no sufficient evidence against Tytler," the prosecutor said.

Senior advocate H S Phoolka, appearing for petitioner Lakhwinder Kaur, countered CBI's submissions saying there was material which the agency has ignored and evidence was also there before the trial court, which had accepted the closure report giving a clean chit to the Congress leader in the case.

"CBI had time to examine Tytler's driver, who had deposed in his favour, but they had no time to record the statement of the witnesses who had seen Tytler at the spot of incident. Are they (CBI) investigating on the command of Tytler?," he said.

CBI had given a clean chit to Mr Tytler on April 2, 2009 claiming lack of evidence against him in the case pertaining to the murder of three persons on November 1, 1984, in the aftermath of the assassination of Indira Gandhi.

Mr Tytler's alleged role in the case relating to killing of three persons in the 1984 riots -- Badal Singh, Thakur Singh and Gurcharan Singh -- near the Gurudwara Pulbangash was re-investigated by the CBI after a court had in December 2007 refused to accept its closure report.

However, on April 27, 2010, a magistrate had accepted CBI's closure report in the case against Mr Tytler, saying there was no evidence to put him on trial.

The court had allowed CBI's closure report saying Mr Tytler was present at late Indira Gandhi's residence at Teen Murti Bhawan and was not at the spot of crime and the contentions of CBI were justified by material, including some visual tapes and versions of some independent witnesses.

One of the witness, Jasbir (now residing in California), in an affidavit, had claimed before the Justice Nanavati Commission that he had heard Mr Tytler on November 3, 1984, rebuking his men for the "nominal killings" carried out in the riots.

The court had rejected Jasbir's version, saying he had deposed for something which took place on November 3 while the case related to an incident of November 1, 1984.

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