The Hindu : New Delhi News : Court seeks address of witness in case against Jagdish Tytler

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Friday, Nov 30, 2007
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Court seeks address of witness in case against Jagdish Tytler

NEW DELHI: The decision of the Central Bureau of Investigation to close its case against former Union Minister Jagdish Tytler dating back to the 1984 anti-Sikh riots in the Capital is likely to come under the scrutiny of a Delhi court which on Thursday sought the address of a crucial witness, declared “untraceable” by the CBI, for possible deposition.

The CBI in its charge-sheet on September 29 had claimed that Jasbir Singh, who had allegedly heard Mr. Tytler inciting a mob for killing Sikhs, could not be examined as he was currently settled in the US and his whereabouts were not known. Two Sikh organisations – the Delhi Gurdwara Management Committee and the November ’84 Carnage Justice Committee -- had, on October 4, moved an application seeking a copy of the said charge-sheet, so as to help them in filing a petition against the agency’s claim.

Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain directed senior counsel H. S. Phoolka, representing the Sikh organisations to furnish Jasbir Singh’s address as he claimed that the witness had expressed a desire to come forward and record his testimony in the case.

“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 counsel to furnish the address of Jasbir Singh on December 6.

The court, however, expressed doubt as to whether the attendance of the witness could be ensured in the case. To this, counsel said the witness had expressed his desire to present himself before the court, and hence there was no ground for any apprehensions.

‘Overheard Tytler’

According to the charge-sheet filed by the CBI in the case, Jasbir Singh in his affidavit before 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”.

The court, however, did not accept counsel’s request for a copy of the charge-sheet. It had issued a notice to the agency on counsel’s application. The CBI raised its objections submitting there was no provision of law which entitled a “third party” to such copies. “I am not inclined to accede to the counsel’s plea . Counsel had sufficient time to inspect the file between October 4 and today...” The CBI in the reply said that the investigation in the case was conducted after taking account of “all aspects including the conspiracy angle”. - PTI

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