Congress leader Jagdish Tytler had been given a clean chit by CBI in the case

A special court here on Thursday reserved its order for April 10 on a protest petition 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.

During the arguments, CBI counsel Sanjay Kumar sought dismissal of the plea filed by the victim saying that the probe has made it clear that Mr. Tytler was not present on November 1, 1984, at Gurdwara Pul Bangash when the three people were killed.

“Tytler not present at the spot”

Counsel said at the time of the incident Mr. Tytler was at Teen Murti Bhavan where the body of the then Prime Minister Indira Gandhi was kept.

“The CBI has already re-investigated the case on the order of a trial court but there was not sufficient evidence against Mr. Tytler,” the prosecutor said.

The CBI counsel said the agency had examined people who were living near the gurdwara and they had not seen Mr. Tytler. Regarding the victim’s claim that the CBI had not recorded the statements of three persons who had seen Mr. Tytler at the spot of the incident, Mr. Kumar argued they were “planted and tainted” witnesses who had come forward only to falsely implicate the Congress leader.

The CBI had given a clean chit to Mr. Tytler in April 2009. 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.

“CBI ignored evidence”

Senior advocate H. S. Phoolka, appearing for petitioner Lakhwinder Kaur, whose husband Badal Singh was killed, countered CBI’s submissions saying there was evidence the agency has ignored that was also available before the trial court, which had accepted the closure report.

Mr. Phoolka alleged that the CBI had time to examine Mr. Tytler’s driver, who had deposed in his favour, but they had no time to record the statement of the witnesses who had allegedly seen Mr. Tytler at the spot of incident. He said the CBI had “no authority” to say the three witnesses were not “reliable”.

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