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The Supreme Court on Friday refused to entertain Congress leader Jagdish Tytlers request to stay a directive to re-investigate his alleged role in a 1984 anti-Sikh riots case.
A bench led by Justice P Sathasivam said there was no need for the apex court to interfere in the matter at this stage when the Delhi High Court was already seized of the controversy.
It further noted that Tytlers petition had raised similar grounds of challenge before the High Court,which is scheduled to hear his appeal on September 18.
With no reprieve forthcoming,Tytlers counsel sought to withdraw the petition,which the court allowed.
Tytler had moved Supreme Court after the High Court on July 3 declined to grant interim stay on the trial courts order for re-investigation.
The trial court had set aside the CBIs closure report,giving Tytler a clean chit in the 29-year-old riots case. The order of further investigation had come on a plea by the kin of riot victims against CBI giving a clean chit to Tytler and filing the closure report.
Tytler,in his plea before the High Court,had said that the trial court order is contrary to the scheme of code of CrPC. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency as to which witness should be examined by it,he had said.
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