Additional Sessions Judge V K Khanna granted the request
of CBI prosecutor Sanjay Kumar for being given two months'
time to prepare the reply on the plea of Lakhwinder Kaur.
"There is no provision in the Criminal Procedure Code for
supplying the documents sought by the applicant," Kumar
His contention that a similar application of Kaur was
dismissed by the lower court was strongly objected to by
senior counsel H S Phoolka who claimed the plea was allowed.
"There are certain new documents which have been relied
upon by the CBI in its reply to the petition challenging the
acceptance of closure report by the lower court. Those
documents were necessary for filing the rejoinder on behalf of
the victim," senior counsel Phoolka said.
The CBI had on July 24 claimed that the role of Tytler
was investigated from all possible angles including the
possibility of his being involved in conspiracy behind the
incident. However, no such role came to light.
It had filed a written reply to the petition of Kaur
challenging acceptance of closure report and sought its
Among the documents sought by Kaur are certain
affidavits, judgements and statements of witnesses given
before Justice Nanavati Commission and Justice Mishra
The court posted the matter for October 23, giving CBI
time to file its reply.
Kaur, whose husband Badal was killed in the riots, is
seeking further investigation by CBI into the case saying the
trial court had wrongly dismissed her petition against CBI's
decision to give a clean chit to the senior Congress leader.
An additional chief metropolitan magistrate had on April
27 accepted the closure report filed by CBI in the case
against Tytler, saying sufficient evidence was not there to
send the case for trial.
CBI had given a clean chit to Tytler for the second time
in a row on April 2 last year claiming lack of sufficient
evidence against him in the case pertaining to the murder of
three persons on November one, 1984 near Gurudwara Pulbangash
in north Delhi, following the assassination of then Prime
Minister Indira Gandhi.
The role of Tytler in the case was re-investigated by CBI
after a court had in December 2007 refused to accept the
closure report filed by the agency.
New Delhi: A Delhi court on Saturday allowed the
CBI two months' time to file a detailed reply to an
application filed by a victim for certain documents relied
upon by the probe agency in giving clean chit to former Union
Minister Jagdish Tytler in a 1984 anti-Sikh riots case.
First Published: Saturday, August 21, 2010, 23:15