Additional sessions judge VK Khanna granted the request of CBI prosecutor Sanjay Kumar for being given two months' time to prepare the reply on the plea of Lakhwinder Kaur.
A Delhi court today allowed the CBI two months' time to file a detailed reply to an application filed by a victim for certain documents relied upon by the probe agency in giving clean chit to former Union minister Jagdish Tytler in a 1984 anti-Sikh riots case.
Additional sessions judge VK Khanna granted the request of CBI prosecutor Sanjay Kumar for being given two months' time to prepare the reply on the plea of Lakhwinder Kaur.
"There is no provision in the Criminal Procedure Code for supplying the documents sought by the applicant," Kumar claimed.
His contention that a similar application of Kaur was dismissed by the lower court was strongly objected to by senior counsel HS Phoolka who claimed the plea was allowed.
"There are certain new documents which have been relied upon by the CBI in its reply to the petition challenging the acceptance of closure report by the lower court. Those documents were necessary for filing the rejoinder on behalf of the victim," senior counsel Phoolka said.
The CBI had on July 24 claimed that the role of Tytler was investigated from all possible angles including the possibility of his being involved in conspiracy behind the incident. However, no such role came to light.
It had filed a written reply to the petition of Kaur challenging acceptance of closure report and sought its dismissal.
Among the documents sought by Kaur are certain affidavits, judgements and statements of witnesses given before justice Nanavati Commission and justice Mishra Commission.
The court posted the matter for October 23, giving CBI time to file its reply.
Kaur, whose husband Badal was killed in the riots, is seeking further investigation by CBI into the case saying the trial court had wrongly dismissed her petition against CBI's decision to give a clean chit to the senior Congress leader.
An additional chief metropolitan magistrate had on April 27 accepted the closure report filed by CBI in the case against Tytler, saying sufficient evidence was not there to send the case for trial.
CBI had given a clean chit to Tytler for the second time in a row on April 2 last year claiming lack of sufficient evidence against him in the case pertaining to the murder of three persons on November one, 1984 near Gurudwara Pulbangash in north Delhi, following the assassination of then prime minister Indira Gandhi.
The role of Tytler in the case was re-investigated by CBI after a court had in December 2007 refused to accept the closure report filed by the agency.
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