New Delhi: The Delhi High Court will decide on a plea filed by Congress leader Jagdish Tytler challenging the trial court's decision to order the re-opening of a 1984 anti-Sikh riots case against him. Tytler had moved the High Court on Wednesday challenging the trial court's order which had set aside a clean chit given to him by the Central Bureau of Investigation (CBI) in a 29-year-old anti-Sikh riots case in which three persons were killed.
"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," Tytler said in the petition.
"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 person's involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given," he said and pleaded the high court to quash the trial court order.
Tytler has challenged the trial court's order in which CBI was also directed to examine eye-witnesses and people claiming to have information about the riots.
The trial court order had come on a plea by the riot victims against the CBI giving a clean chit to Tytler and filing a closure report. Senior advocate HS Phoolka, appearing for petitioner Lakhwinder Kaur, had submitted that there was material which the agency has ignored and evidence was also there before the trial court against Tytler.
The CBI, however, had sought dismissal of the plea filed by the victim saying the probe has made it clear that Tytler was not present on November 1, 1984 at Gurudwara Pulbangash in North Delhi where three people were killed during riots in the aftermath of assassination of the then Prime Minister Indira Gandhi.
(With additional information from PTI)