1984 ANTI-SIKH RIOTS CASE
'File report on Tytler role in '84 riots in 7 days'
Published on Wed, Mar 12, 2008 at 15:22, Updated on Wed, Mar 12, 2008 at 19:04 in India section
Tags: 1984 Anti-Sikh Riots, Jagdish Tytler , New Delhi
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New Delhi: A Delhi court has hauled up the Central Bureau of Investigation (CBI) for its failure to file status report in a 1984 anti-Sikh riots case accused Congress leader Jagdish Tytler.
The Karkardooma Court has also given the CBI one week to file the status report about witnesses examined and evidence collected against Tytler.
"I have not asked you to file a chargesheet but a status report in the case. It was your duty to file the report," Additional Chief Metropolitan Magistrate Sanjiv Jain was quoted as saying by PTI.
CBI counsel Sanjay Kumar told the court that after the re-investigation was ordered on December 18 it has questioned four witnesses in the case.
The status report was initially to have been filed by January 16 but it was later pushed to March 12.
However, the case has already been adjourned till August 26 in the Delhi High Court leading to fears of the case getting derailed.
The lawyer representing the 1984 riots victims, H S Phoolka, said the CBI is trying to protect the guilty.
"Today the CBI crossed its limits and tried to mislead the court by saying that the HC has granted a stay on filing the status report. Then they said that this court had given the direction to examine only Jasbir Singh as a witness. The court then said, it had never directed that examine only Jasbir. The manner in which they are investigating the case, it looks like they want to protect the guilty. The court has directed to file the status quo report. Next hearing on April 9," he said.
Now this instruction from lower court will come as a relief for victims and is likely to make life tough for Tytler.
The investigating agency has also contacted the prime witness in riots case, Jasbir Singh, who had volunteered to depose in the case after the CBI had sought to close the case against Tytler.
A matter related to Jasbir Singh's testimony is pending before the Delhi High Court. He had earlier expressed his inability to come to the country for recording his testimony and had expressed his willingness to record his testimony through video-conferencing.
In December 2007, CNN-IBN had tracked down Jasbir Singh to California in the United States - a man whom the CBI could not find.
Jasbir Singh, an eyewitness to the 1984 anti-Sikh riots had told CNN-IBN: "I saw Jagdish Tytler inciting the mob outside the hospital at the Kingsway camp. He was saying, 'I am ashamed. Look at Sajjan Kumar's constituency in the north or HKL Bhagat's constituency in the east. Colony after colony of Sikhs have been destroyed there, but in my area so few have been killed'."
The CBI has been looking for Jasbir Singh, the key witness in the Pulbangash massacre, for 23 years.
However, CBI Director Vijay Shankar had said, "We have tried to contact him but couldn't get through to him. He is busy talking to all channels and that speaks about his intentions."
The Nanavati Commission formed to look into the riots had told the Government in 2005 that there was credible evidence to show that Tytler had a hand in organising attacks on Sikhs.
However, the CBI had said in a court last month that that there was no witness or evidence to prove the charges.
On the other hand Tytler has been claiming that he's innocent.
"The CBI in its report has stated that they went to his (Jasbir Singh's) wife's house and his father's house and Jasbir wasn't there. So the CBI submitted in court that he was missing. He is not a witness," Tytler had said when asked about Jasbir Singh's claims.
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