The Hindu : New Delhi News : CBI not to close anti-Sikh riots case against Tytler

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Tuesday, Jan 15, 2008
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CBI not to close anti-Sikh riots case against Tytler

Staff Reporter

Investigating agency assures Delhi High Court

Notice issued to the CBI seeking its reply by February 27
Eyewitness seeks quashing of notice issued to him by the CBI

NEW DELHI: The Central Bureau of Investigation on Monday assured the Delhi High Court that it would not close the anti-Sikh riots case against former Union Minister Jagdish Tytler till the petition pending before it seeking recording of the evidence of Jasbir Singh through video-conferencing or in a US court is disposed of.

Jasbir Singh claims to be an eye-witness in the case. He has sought quashing of a notice issued to him by the CBI for recording of his evidence in the case.

Appearing for the investigating agency, Additional Solicitor-General P. P. Malhotra gave the assurance to the Court when counsel for Jasbir Singh expressed his apprehension that the CBI might file a second closer report exonerating Mr. Tytler. The Court later took the assurance of Mr. Malhotra on record and issued a notice to the CBI seeking its reply by February 27.

Earlier, the CBI expressed its inability to record the evidence of Jasbir Singh through video-conferencing saying that his credentials were to be ascertained as he had never appeared before it.

The Court then asked the agency to file an affidavit stating the modalities in which it would like to record his statement. The witness is at present in the US. He filed the petition through his lawyer.

He submitted that the investigating agency had issued the notice under an inappropriate provision of the Criminal Procedure Code (CrPC).

The CBI had issued the notice under Section 160 of CrPC which is meant for recording of statement of a witness staying in the country.

For a witness staying abroad, the relevant section under which a witness could be summoned for recording of his or her statement is 166A, the petition said.

The witness urged the Court to quash the notice issued under Section 160 of CrPC and direct the investigating agency to issue a fresh notice Section 166A.

He also urged the Court to direct the investigating agency not to take any further action which could affect the case adversely.

The CBI had last year filed a closure report in a trial here seeking permission to close the case saying that the witness was not traceable.

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