‘CBI is protecting Tytler’
A city court on Thursday deferred till April 28 hearing in the case against Congress leader Jagdish Tytler in the 1984 anti-Sikh riots.delhi Updated: Apr 10, 2009 01:29 IST
A city court on Thursday deferred till April 28 hearing in the case against Congress leader Jagdish Tytler in the 1984 anti-Sikh riots.
Additional Chief Metropolitan Magistrate Rakesh Pandit said the matter will be heard on April 28 and 29 after the CBI submitted that this court has no jurisdiction because the offence made out in the case was that of murder which was in the exclusive jurisdiction of a Sessions Court.
“We have already filed a charge sheet against other accused Suresh Kumar Paniwala in this case and the court should take cognisance of it and refer the matter to a Sessions Court,” CBI counsel Sanjay Kumar submitted before the court.
Opposing CBI’s arguments, HS Phoolka, appearing for Delhi Sikh Gurdwara Prabandhak Committee, said, “The CBI was wrong in stating that the Additional Chief Metropolitan Magistrate had no power to decide on investigation report which involved offence of murder.”
The CBI also told the court that Tytler was not present at the scene of the incident and the statements of witnesses in the case are unreliable.
“There is no sufficient evidence against Tytler, and we have already filed a report seeking cancellation of the FIR against him,” the counsel told the court, when the court asked about Tytler’s role in the incident.
Phoolka opposed the CBI arguments stating that it has misled the investigations. “This court had earlier ordered re-investigation into this matter after rejecting the closure report filed by the CBI. The CBI has investigated the case only to protect Tytler,” Phoolka said.
The case against Tytler was registered by the CBI on the directions of Nanavati Commission which had probed the sequence of events leading to the riots after the assassination of Prime Minister Indira Gandhi.
Jasbir Singh, a witness to the incident and now settled in California, in his deposition before the Commission
had alleged that he had overheard the Congress leader making a comment with regard to killing of Sikhs in his erstwhile constituency (Delhi Sadar) on the night of November 3, 1984.
After the court proceedings, supporters of Tytler tried to disrupt Phoolka’s press briefing outside the court complex.