New Delhi: A Delhi court on Tuesday issued a notice
to the CBI on a petition challenging an order of a lower court
accepting the closure report in a 1984 anti-Sikh riots case
against former Union minister Jagdish Tytler.
Additional Sessions Judge V K Khanna sought a response
from the probe agency by July 24 on the revision petition
filed by riot victims.
Lakhwinder Kaur, whose husband was killed in the riots,
sought further investigation by the CBI into the case
following claims about emergence of fresh evidence.
Senior advocate H S Phoolka, appearing for Kaur,
contended that the trial court had wrongly dismissed a
petition protesting CBI`s decision to give a clean chit to the
senior Congress leader.
An Additional Metropolitan Magistrate had on April 27
accepted the closure report filed by the CBI in the case
against Tytler, saying there was no sufficient evidence to send
him for trial.
"There is nothing which suggests that accused Tytler was
seen on November 8, 1984, near Gurudwara Pulbangash or
incited a mob for killing Sikh people," the Magistrate had
The 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 1, 1984, following the
assassination of the then prime minister Indira Gandhi.
The court, which had heard arguments for several days on
behalf of the CBI and Kaur, whose husband was killed in the
riots, had termed the testimony of one witness as having "no
relevance" and another as "self contradictory".
The alleged role of Tytler in the case relating to the
killing of three persons, including one Badal Singh in 1984,
near Gurudwara Pulbangash in north Delhi was re-investigated
by CBI after a court had in December 2007 refused to accept a
closure report filed by the agency.
The court had allowed CBI`s arguments that Tytler was
present at Gandhi`s residence at Teen Murti Bhavan and was not
at the scene of crime, saying that its contentions were
justified by material, including some visual tapes and
versions of some independent witnesses.
Witness Jasbir (now residing in California), in an
affidavit, had claimed before the Nanavati Commission that he
had heard Tytler on November 3, 1984, rebuking his men for
"nominal killings" carried out in the riots.
The court 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.