US-based witness in the 1984 anti-Sikh riots case, involving Jagdish Tytler moved the Delhi HC seeking direction to the CBI that his statement be recorded in an American court.
NEW DELHI: A US-based witness in the 1984 anti-Sikh riots case, involving former Union Minister and Congress leader Jagdish Tytler, on Friday moved the Delhi High Court seeking direction to the CBI that his statement be recorded in an American court.
California-based Jasbir Singh, a witness who was earlier declared non-traceable by the CBI, filed the petition through his son seeking quashing of a notice issued by the investigating agency asking him to come to the country and give his statement in the matter.
The CBI, following a trial court order directing it to re-investigate Tytler's role in the case, had issued notice to Singh on January two under section 160 of the CrPC, which empowers the probe agency to seek presence of a witness.
Challenging the summons, Singh said the CBI, allegedly with the aim to help the accused, was insisting on his presence in India for recording of statement.
"If the CBI is really serious and interested in investigating the case and recording the statement of the witness petitioner, then it should have moved under section 166A (1)(which allows non-resident Indian to testify in foreign courts on the request of probe agency) and not under section 160 of the CrPC," the petition alleged.
Singh submitted that till the decision on his petition, the proceedings in the trial court be stayed and the CBI be restrained from closing the probe in the case.
The petition, filed by his counsel Navkiran Singh and Sharat Kapoor, is likely to come up for hearing on January 14.
Singh, in an affidavit before Nanavati Commission which inquired into the anti-Sikh riots, had stated that on November 3, 1984 he had overheard Tytler rebuking his men for nominal killing of Sikhs in his constituency.
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