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HT Correspondent, Hindustan Times
New Delhi , July 12, 2013
The Supreme Court on Friday declined to hear Congress leader Jagdish Tytler’s plea to stay a trial court order directing CBI to conduct further probe into his alleged role in a 1984 anti-Sikh riots case.

Tytler withdrew his plea after a bench headed by Justice P Sathasivam said it did not want to interfere in the matter since his appeal against the trial court order was pending before the Delhi High Court, which is scheduled to hear it on September 18.

Tytler approached the apex court against the high court’s refusal to stay the trial court order directing further CBI probe. It had said: “Only investigation is ordered and this court will not stop the investigation.”

Tytler had on May 30 moved the high court, challenging the trial court order that set aside the CBI’s closure report giving him a clean chit in the 29-year-old case. The special CBI court had directed the probe agency to examine eye-witnesses and people claiming to have information about the riots.

In his plea before the HC, Tytler claimed the order was contrary to the criminal procedure code (CrPC). The method and mode of investigation by a probe agency was latter’s prerogative and it wasn’t for the court to direct the agency to examine specific witness.

The trial court’s order of further investigation had come on a plea by the riot victims against the CBI’s move to close the case against Tytler.

The Congress leader has also sought dismissal of the victim’s plea before the trial court, saying the probe has made it clear that Tytler was not present on November 1, 1984 at Gurdwara Pul Bangash in north Delhi where three people were killed during the riots in the aftermath of the assassination of the then Prime Minister Indira Gandhi.