New Delhi: A Delhi Court on Tuesday dismissed the
plea of CBI that a Metropolitan Magistrate cannot decide on
the agency's closure report giving clean chit to former Union
Minister Jagdish Tytler in a 1984 Sikh riots' case.
"This court can take cognisance of the offence
exclusively triable by the court of Sessions and then can
summon the accused who are mentioned in the charge sheet as
well as those who are not mentioned therein, if it appears to
the court that they have also done the offence," Additional
Chief Metropolitan Magistrate Rakesh Pandit said.
The court will take cognisance on the closure report on
September 23.
The CBI had on April 2 sought to close the case against
Tytler, claiming there was no sufficient evidence against him,
but it had challenged the jurisdiction of the court to take
cognisance of the report.
Tytler (65) was given a clean chit by CBI earlier also on
September 28, 2007 after the agency said it failed to trace
Jasbir Singh, a key witness in the case.
However, in December, 2007, the court had refused to
accept CBI's closure report and directed the agency to further
investigate the case, compelling it to send its officials to
the United States to record Singh's statement.
The case relates to an incident on November 1, 1984, when
a mob set afire Gurdwara Pulbangash in north Delhi, killing
three persons -- Badal Singh, Thakur Singh and Gurcharan
Singh.
Bureau Report
First Published: Tuesday, August 25, 2009, 18:04