CBI had claimed before the trial court that Tytler was at Teen Murti House, the residence India's first Prime Minister, Jawaharlal Nehru, where Indira Gandhi's body was kept, at the time of the Pul Bangash incident.
The Delhi High Court today declined to grant a stay on the Central Bureau of Investigation (CBI) probe against Congress leader Jagdish Tytler in a 1984 anti-Sikh riots case.
On April 10, a trial court had ordered that the case be reopened against Tytler and also set aside the CBI closure report which gave the Delhi Congress leader a clean chit on the ground that there was "no evidence" against him.
Justice Sunita Gupta declined to accept the submission of Tytler’s counsel for an order staying the ongoing investigation against his client and posted the matter for January 17, 2014 .
Tytler’s counsel told the court that the petitioner (Tytler) has decided not to file the rejoinder against CBI’s response to his plea and the court should hear the plea.
CBI’s counsel told the court that he would not be available for the arguments and the court should keep the matter for hearing on some other day.
On July 3, the high court had issued notice to CBI on an appeal filed by Tytler against the trial court order reopening the case against him.
Earlier, the court also declined to stay the investigation saying "only investigation was ordered and this court will not stop the investigation."
The trial court's order had come on a plea filed by riot victim Lakhwinder Kaur who sought a further probe into the killing of three persons near Gurdwara Pul Bangash in old Delhi.
Tytler is accused of instigating a mob that led to the murder of three men who had taken shelter at the Gurdwara on November 1, 1984.
The mob attack was part of violence against Sikhs after the assassination of the then Prime Minister Indira Gandhi on October 31, 1984.
Three men Badal Singh, Thakur Singh and Gurcharan Singh were killed near Gurudwara Pul Bangash.
Tytler's role in the killing of the three men was re-investigated by CBI after a court had in December 2007 refused to accept the agency's closure report.
CBI had claimed before the trial court that Tytler was at Teen Murti House, the residence India's first Prime Minister, Jawaharlal Nehru, where Indira Gandhi's body was kept, at the time of the Pul Bangash incident.
It added that the agency had already re-investigated the case on the order of a trial court but there was insufficient evidence against Tytler.
Tytler was given a clean chit by the CBI on April 2, 2009.
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