In the written submissions filed before Additional Sessions Judge KS Pal, complainant Lakhwinder Kaur said the court should direct CBI to re-investigate the matter.
A victim in a 1984 anti-Sikh riots case on Thursday told a Delhi court that there was enough material to proceed against Congress leader Jagdish Tytler but CBI has "deliberately" given him clean chit in the case.
In the written submissions filed before Additional Sessions Judge KS Pal, complainant Lakhwinder Kaur said the court should direct CBI to re-investigate the matter.
"It is, therefore, prayed that this court may be pleased to direct CBI to investigate the matter further to bring on record the available incriminating evidence against the accused (Tytler) in the interest of justice," it said.
It said CBI has "deliberately not collected available incriminating evidence to strengthen the case against the accused (Tytler)."
The court was hearing a plea by the 1984 anti-Sikh riots victims against a magisterial court decision to accept CBI's report to close a riot case against Tytler.
Kaur, in her written submissions, said CBI's closure report was "dishonest" in order to exonerate Tytler.
"It's unheard off that an investigating agency, instead of finding evidence against the accused to prove their guilt, has gone out of the way to collect evidence in favour of Jagdish Tytler to discredit the reliable witnesses," it said.
It said CBI had done the probe only to falsify the statements of material witnesses in the case.
"It is pertinent to mention that the line of investigation adopted by CBI from the very inception of the investigation is only to exonerate the accused (Tytler) and to falsify the statements of the material witnesses," it said.
The court has asked CBI to file its written arguments on March 19, next date of hearing.
Kaur also referred to the affidavit filed by Resham Singh who had migrated to the US a few years after the riots and had told the court that on November 1, 1984, he had seen Tytler leading a mob near Gurudwara Pulbangsh here.
On April 27, 2009, a magistrate had accepted CBI's closure report in the case against Tytler, saying there was no evidence to put him on trial.
Lakhwinder Kaur, whose husband was killed in the riots, had approached the sessions court challenging the order of the magistrate.
CBI had given a clean chit to Tytler on April 2, 2009, claiming lack of evidence against him in the case pertaining to the murder of three persons on November 1, 1984, in the wake of the assassination of then Prime Minister Indira Gandhi.
Tytler's alleged role in the case relating to the killing of three persons in the riots, including that of one Badal Singh near Gurudwara Pulbangash in North Delhi, was re-investigated by CBI after a court had in December, 2007, refused to accept its closure report.
The court had allowed CBI's arguments that Tytler was present at Indira Gandhi's residence at Teen Murti Bhavan and was not at the scene of crime, saying its contentions were justified by material, including some visual tapes and versions of some independent witnesses.
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