IndiaPost.com - Court seeks witness’ address against Tytler

NEW DELHI: The CBI’s decision to close its case against former Union Minister Jagdish Tytler in 1984 anti-Sikh riots is likely to come under the scrutiny of a city court which has sought the address of a crucial witness, declared ‘untraceable’ by the CBI, for possible deposition.

The CBI in its chargesheet on September 29 had claimed that Jasbir Singh, who had allegedly heard Tytler inciting a mob for killing Sikhs, could not be examined as he was currently settled in the USA, and his whereabouts were not known.

Two Sikh organizations - Delhi Gurdwara Management Committee and November ’84 Carnage Justice Committee - had, on October 4, moved an application seeking a copy of the said chargesheet, so as to aid them in filing a petition against the agency’s claim. Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain directed senior counsel H S Phoolka, representing the Sikh bodies to furnish address of Singh as he claimed that the witness had expressed a desire to come forward and record his testimony in the case.

"As I understand, you rely upon the testimony of Jasbir Singh. Give me his address and I would direct the CBI to trace him," the ACMM said, while directing the counsel to furnish the address of Singh on December 6. The court, however, expressed doubt as to whether the attendance of the witness (Singh) could be ensured in the case.

To this, the counsel said the witness had expressed his desire to present himself before the court, and hence there was no ground for any apprehensions. According to the chargesheet filed by CBI in the case, Singh in his affidavit before the Nanavati Commission on August 31, 2000 had averred that ‘he had overheard Tytler rebuking his men on the night of November 3, 1984 for nominal killing of Sikhs in his constituency’.

The court, however, did not accede to the request of the counsel for copy of the chargesheet. It had issued a notice to the agency on application of counsel. The CBI raised its objections submitting there was no provision of law which entitled a ‘third party’ such copies. "I am not inclined to accede to the counsel’s plea (seeking a copy of the chargesheet). The counsel had sufficient time to inspect the file between October 4 and today" the judge said. The CBI, in its reply filed also said that the investigation in the case was conducted after taking account of ‘all aspects including the conspiracy angle’. The case relates to an incident on November 1, 1984 — in the aftermath of the assassination of then Prime Minister Indira Gandhi — when a mob of angry protesters had set afire Gurdwara Pulbangash, killing three persons. As per the agency’s chargesheet in the case, while the incident left dead three persons - Sardar Thakur Singh, Badal Singh and Gurcharan Singh - bodies of two of them were found in burnt conditions and were subjected to a post-mortem. The case, which was registered on the basis of affidavits, filed before the Nanavati Commission of Inquiry, involved Congress leader Jagdish Tytler.