Delhi Court may seek witness address in Sikh riots case against Tytler

A Delhi court is likely to scrutinise the Central Bureau of Investigations (CBIs) decision to close its case against former Union Minister Jagdish Tytler in 1984 anti-Sikh riots is likely to come under the scrutiny of a city court which has sought the address of a crucial witness, declared untraceable by the CBI, for possible deposition.

New Delhi, Nov.29 : A Delhi court is likely to scrutinise the Central Bureau of Investigation's (CBI's) decision to close its case against former Union Minister Jagdish Tytler in 1984 anti-Sikh riots is likely to come under the scrutiny of a city court which has sought the address of a crucial witness, declared "untraceable" by the CBI, for possible deposition.

The CBI in its chargesheet of September 29 had claimed that Jasbir Singh, who had allegedly heard Tytler inciting a mob for killing Sikhs, could not be examined as he was currently settled in the USA, and his whereabouts were not known.

Two Sikh organisations - Delhi Gurdwara Management Committee and November '84 Carnage Justice Committee - had on October 4, moved an application seeking a copy of the said chargesheet, so as to aid them in filing a petition against the agency's claim.

Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain directed senior counsel H S Phoolka, representing the Sikh bodies to furnish address of Singh as he claimed that the witness had expressed a desire to come forward and record his testimony in the case.

"As I understand, you rely upon the testimony of Jasbir Singh. Give me his address and I would direct the CBI to trace him," the ACMM said, while directing the counsel to furnish the address of Singh on December 6.

According to the chargesheet filed by CBI in the case, Singh in his affidavit before the Nanavati Commission on 31st August 2000 had averred that "he had overheard Tytler rebuking his men on the night of November 3, 1984 ... for nominal killing of Sikhs in his constituency."

The court, however, did not accede to the request of the counsel for copy of the chargesheet. It had issued a notice to the agency on application of counsel. The CBI raised its objections submitting there was no provision of law which entitled a "third party" such copies.

The case relates to an incident on 1st November 1984 -- in the aftermath of the assassination of then Prime Minister Indira Gandhi -- when a mob of angry protesters had set afire Gurdwara Pulbangash, killing three persons.

ANI