11-30-2007, 01:39 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>City court to scrutinise CBI request to close 1984 anti-Sikh pogrom case </b>
Staff Reporter | New Delhi
Tough times loom ahead for former Union Minister Jagdish Tytler as the CBI decision to close the case of the 1984 anti-Sikh pogrom against him is likely to be scrutinised by a city court.
<b>The court on Thursday sought the address of a crucial witness, declared 'untraceable' by the CBI, for possible deposition</b>.
The CBI in its chargesheet on September 29 had claimed that Jasbir Singh, who had allegedly heard Tytler inciting a mob to kill Sikhs, could not be examined as he was currently settled in the USA, and his whereabouts were not known.
On October 4, the Delhi Gurdwara Management Committee and November '84 Carnage Justice Committee had moved an application seeking a copy of the said chargesheet, so as to aid them in filing a petition against the agency's claim.
<b>Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain directed senior counsel H S Phoolka, representing the Sikh bodies to furnish Singh's address as he claimed that the witness had expressed a desire to record his testimony in the case.</b>
"As I understand, you rely upon the testimony of Jasbir Singh. Give me his address and I would direct the CBI to trace him," the ACMM said, while directing the counsel to furnish the address on December 6. However, The court expressed doubt as to whether Singh's attendance could be ensured.
To this, the counsel said that the witness had expressed his desire to present himself before the court, and hence there was no ground for any apprehension.
<b>According to the chargesheet filed by the CBI, Singh in his affidavit to the Nanavati Commission on August 31, 2000 had averred that he had overheard Tytler rebuking his men on the night of November 3, 1984 ... For nominal killing of Sikhs in his constituency. </b>
The court, however, did not accede to the request of the counsel for copy of the chargesheet. It had issued a notice to the agency on application of counsel. The CBI raised its objections submitting there was no provision in law, which entitled a third party such copies.
"I am not inclined to accede to the counsel's plea (seeking a copy of the chargesheet). The counsel had sufficient time to inspect the file between October 4 and today...," the judge said.
The CBI, in its reply filed also said that the investigation in the case was conducted after taking into account all aspects, including the conspiracy angle.
The case relates to an incident on November 1, 1984 in the aftermath of the assassination of then Prime Minister Indira Gandhi, when a mob had set on fire Gurdwara Pulbangash, killing three persons.
As per the agency's chargesheet, while the incident left three persons dead, Sardar Thakur Singh, Badal Singh and Gurcharan Singh, the bodies of two of them were found in burnt conditions and were subjected to a post-mortem.
The case, which was registered on the basis of affidavits filed before the Nanavati Commission of Inquiry, involved Congress leader Jagdish Tytler.
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Staff Reporter | New Delhi
Tough times loom ahead for former Union Minister Jagdish Tytler as the CBI decision to close the case of the 1984 anti-Sikh pogrom against him is likely to be scrutinised by a city court.
<b>The court on Thursday sought the address of a crucial witness, declared 'untraceable' by the CBI, for possible deposition</b>.
The CBI in its chargesheet on September 29 had claimed that Jasbir Singh, who had allegedly heard Tytler inciting a mob to kill Sikhs, could not be examined as he was currently settled in the USA, and his whereabouts were not known.
On October 4, the Delhi Gurdwara Management Committee and November '84 Carnage Justice Committee had moved an application seeking a copy of the said chargesheet, so as to aid them in filing a petition against the agency's claim.
<b>Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain directed senior counsel H S Phoolka, representing the Sikh bodies to furnish Singh's address as he claimed that the witness had expressed a desire to record his testimony in the case.</b>
"As I understand, you rely upon the testimony of Jasbir Singh. Give me his address and I would direct the CBI to trace him," the ACMM said, while directing the counsel to furnish the address on December 6. However, The court expressed doubt as to whether Singh's attendance could be ensured.
To this, the counsel said that the witness had expressed his desire to present himself before the court, and hence there was no ground for any apprehension.
<b>According to the chargesheet filed by the CBI, Singh in his affidavit to the Nanavati Commission on August 31, 2000 had averred that he had overheard Tytler rebuking his men on the night of November 3, 1984 ... For nominal killing of Sikhs in his constituency. </b>
The court, however, did not accede to the request of the counsel for copy of the chargesheet. It had issued a notice to the agency on application of counsel. The CBI raised its objections submitting there was no provision in law, which entitled a third party such copies.
"I am not inclined to accede to the counsel's plea (seeking a copy of the chargesheet). The counsel had sufficient time to inspect the file between October 4 and today...," the judge said.
The CBI, in its reply filed also said that the investigation in the case was conducted after taking into account all aspects, including the conspiracy angle.
The case relates to an incident on November 1, 1984 in the aftermath of the assassination of then Prime Minister Indira Gandhi, when a mob had set on fire Gurdwara Pulbangash, killing three persons.
As per the agency's chargesheet, while the incident left three persons dead, Sardar Thakur Singh, Badal Singh and Gurcharan Singh, the bodies of two of them were found in burnt conditions and were subjected to a post-mortem.
The case, which was registered on the basis of affidavits filed before the Nanavati Commission of Inquiry, involved Congress leader Jagdish Tytler.
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