Congress leader Jagdish Tytler on Thursday approached the Delhi High Court against a Sessions court order that rejected a closure report filed by the CBI and directed the agency to reopen investigation into his role in the death of three persons and destruction at Gurdwara Pul Bangash during the 1984 anti-Sikh riots in the national capital.
Additional Sessions Judge Anuradha Shukla Bhardwaj,in an order on April 10,had set aside the closure report filed by the CBI and had asked the agency to record the statements of witnesses,who it had come to know during the investigation itself,are claiming/shown/named to be the eyewitnesses of the incident.
The Sessions court order had come on a plea filed by the widow of one of the men killed during the riots at the Gurdwara Pul Bangash. She claimed that four witnesses had named Tytler as present at the scene of the riots,exhorting the crowd to attack Sikhs. The CBI had declined to record their statements,claiming they were unreliable.
The appeal,which was filed in the High Court on Thursday,asked for the quashing of the Sessions court order on the grounds that the court did not have the authority to direct investigation.
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 that which witness should be examined by it, the petition said.
It is listed to be heard before the court of Justice Kailash Gambhir on Friday.
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 persons involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given, the plea said.
Tytlers alleged role in the case relates to killing of three persons Badal Singh,Thakur Singh and Gurcharan Singh near the Gurdwara Pul Bangash was re-investigated by the CBI after the magistrate court had in December 2007 refused to accept its closure report.
The CBI had claimed that at the time of the incident,Tytler was at Teen Murti Bhawan,the residence of then Prime Minister Indira Gandhi,and that it had already re-investigated the case on the order of trial court but there was no sufficient evidence against the Congress leader.