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Updated: July 3, 2013 13:38 IST

1984 anti-Sikh riots: Delhi HC issues notice to CBI

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Members of 1984 anti-Sikh riots victims during a protest in New Delhii. File photo
The Hindu
Members of 1984 anti-Sikh riots victims during a protest in New Delhii. File photo

The Delhi High Court on Wednesday issued notice to the CBI on an appeal of Congress leader Jagdish Tytler against a trial court order reopening a case against him related to the 1984 anti-Sikh riots.

Justice S.P. Garg, seeking response from the agency, also issued notice to the complainant, Lakhwinder Kaur, and asked her to reply within four weeks. The matter was posted for Sep 18.

Justice Garg also declined to stay the investigation ordered by the trial court against Mr. Tytler, saying, “Only investigation was ordered and this court will not stop the investigation.”

On April 10, a trial court ordered that the case be reopened against Mr. Tytler and also set aside the CBI closure report, which gave the Delhi Congress leader a clean chit on the ground that there was “no evidence” against him.

Mr. Tytler, in his appeal, said, “The trial court order is contrary to the Criminal Procedure Code. The method and mode of investigation by a probe agency is the absolute prerogative of the agency. It is not for the court to direct the agency about which witness should be examined by it.”

Seeking that the trial court order be quashed in the 29-year-old case, the plea 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 trial court’s order came on a plea filed by riot victim Lakhwinder Kaur, who sought a further probe into the killing of three people near Gurdwara Pul Bangash in old Delhi.

The court, setting aside the magisterial court order that accepted the CBI’s closure report, had said: “The order of the trial court accepting the closure report is set aside. The CBI is directed to conduct further investigation in the light of aforesaid facts and to record the statements of witnesses, who, it had come to know during the investigation itself, are claiming/shown/named to be witnesses of the incident.”

The probe agency had sought the dismissal of the victim’s plea, saying it had established that Mr. Tytler was not present at Gurudwara Pul Bangash on Nov 1, 1984.

However, senior advocate H.S. Phoolka, appearing for Lakhwinder Kaur, had said that there was material which the CBI had ignored.

Mr. Tytler’s role in the killing of three men was re-investigated by the CBI after a court in December 2007 refused to accept the closure report.

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I don't think Mr. Tytler, will ever be brought to justice. As that show the direct involvement of Congress party in 1984 anti - sikh riots.

from:  jagandeep singh
Posted on: Jul 3, 2013 at 17:15 IST

Where are we going in our so called world's largest democracy? 1948, 1984, 2002. Justice delayed is justice denied, Isn't it ? One of the fundamental judicial reforms we should bring in must be to close any case within a stipulated period of say one year, two years as decided by judicial experts from its commencement. If necessary courts should work in two shifts or 24x7 as deemed fit.

from:  Vyas K Susarla
Posted on: Jul 3, 2013 at 15:53 IST

Mr jagdish tytler did secular riots so he cannot be punished.

from:  JagMohan D
Posted on: Jul 3, 2013 at 15:29 IST

It is more then 29 years ,the case against Mr Tytler has not being decided. This is
pace of our judicial system.This is more common ,if the case is against some
leader.Similarly the case against Lallu Yadav of fodder scam has no end. Till the
decision of the highest court ,these leaders enjoy the full protections and benefits
and continue to grab some important position in the govt and rule over us. In
some cases even the Judges refuge to hear the case and then it is referred to a
larger bench .CBI which has become a parrot as per Supreme Court ,most of the
time give the positive reports for these leaders.This has happened recently in the
case of Mr. Bansal,Ex Railway Minister.Some of Advocates who speak of honesty
and against corruption ,fights the case of all these corrupt people ,indicating that
they have two faces,one for public and other for themselves.

from:  chaitanya
Posted on: Jul 3, 2013 at 14:54 IST

After 30 years this is a farce - and the 1984 events a disgrace.

from:  Venk
Posted on: Jul 3, 2013 at 14:20 IST
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