A Delhi court on Friday issued a notice to the Central Bureau of Investigation (CBI) on a protest petition filed by the victims of anti-Sikh riots, who objected to the investigating agency's closure report absolving Congress leader Jagdish Tytler of his alleged role in the 1984 massacre.
Additional chief metropolitan magistrate (ACMM) SPSLaler sought CBI's response on the protest petition against the third closure report in the case and fixed the matter for September 11.
In the petition, complainant Lakhvinder Kaur, whose husband Badal Singh was killed in the riots, sought the court's direction to CBI to probe the matter further to bring on record available incriminating evidence against the accused.
The plea filed through senior advocate HS Phoolka, who is representing the victims, said the CBI's investigation was "faulty, tainted, dishonest and perfunctory".
"The closure report deserves to be rejected and ignored, and there is ample evidence available on record as well as otherwise for this court to direct CBI to conduct further investigation as the witnesses are available and ready to give their statements concerning the incident," it said.
The petition alleged that the agency has not examined and recorded statements of the witnesses who were available to depose against the accused.
"The closure report has been filed in favour of Tytler on the premises that no incriminating evidence was available against him and hence CBI was not proceeding against him.
"This court can take cognizance of final report submitted by CBI… as there is ample incriminating evidence against Tytler even in the final report, which has been glossed over by CBI in an endeavor to give him a clean chit," the plea said, accusing the agency of shielding a "powerful politician involved in worst and heinous massacre".
It also alleged that CBI was able to trace out only those witnesses who were deposing in Tytler's favour and those who testified against him "the agency said they were untraceable".