Trial court had rejected CBI closure report, ordered further probe
Congress leader Jagdish Tytler moved the Delhi High Court on Thursday against a trial court order directing further investigation into the 1984 anti-Sikh riots in which he is alleged to have incited a mob which led to the death of three Sikhs at a gurdwara here. The riots had broken out in the wake of the assassination of Prime Minister Indira Gandhi.
Rejecting a closure report filed by the Central Bureau of Investigation in the case, the trial court had last month ordered further probe.
Mr. Tytler’s petition is likely to be taken up for hearing on Friday, the last working day before the Court goes for a month-long summer vacation.
“The trial court order is contrary to the scheme of the Criminal Procedure Code. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency which witness should be examined by it,” the petition said.
“The settled position of law is that a direction for investigation can be given only if an offence is prima facie found to have been committed or a person’s involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given,” the petition stated. Mr. Tytler urged the Court to quash the trial court order.
Setting aside a Metropolitan Magistrate court order accepting the closure report filed by the CBI, the Sessions court had directed the agency to record the statements of eyewitnesses to the murders of three Sikhs at Gurdwara Pul Bangash. They were burnt alive by a mob allegedly incited by Mr. Tytler, the witnesses alleged.
However, the CBI had concluded that Mr. Tytler was present at Teen Murti Bhawan when the riots broke out.