The Delhi high court on Wednesday refused to stay the CBI investigation against Congress leader Jagdish Tytler in a 1984 anti-Sikh riots case. “Only an investigation has been ordered and this court will not stop it,” Justice SP Garg said.
The court, however, issued a notice to the CBI on Tytler’s plea against the April 10 order of the trial court for reopening the case against him after setting aside its closure report and sought its reply by September 18.
The case relates to the killing of three people near Gurdwara Pul Bangash in old Delhi.
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 it should examine.”
Stating that the trial court order be quashed in the 29-year-old case, the plea had 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 the direction to investigate whether any person has committed an offence or not cannot be legally given.”