'84 riots victim questions CBI's closure report against Tytler

A victim of 1984 anti-Sikh riots today challenged before a Delhi court the CBI's closure report in a case against former Union minister Jagdish Tytler saying that he cannot be given a clean chit on the basis of his plea of an alibi taken during investigation.

      
"CBI's reliance on two CDs provided by Tytler is completely misplaced. Figuring (of accused) in one CD without mention of time does not take away what witnesses like Surinder and Jasbir Singh were saying," Rebecca M John, counsel for Lakhwinder Kaur submitted before additional chief metropolitan magistrate Rakesh Pandit.

      
The CBI had along with its closure report produced two CDs purportedly showing Tytler present on the date of riots at Teen Murti residence of the then prime minister Indira Gandhi after her assassination on October 31, 1984.

      
Arguing on the protest petition filed by Kaur against the CBI's clean chit to Tytler, she contended that the defence which the CBI has taken on behalf of the accused that the Congress leader was present at Teen Murti residence beside the body of Gandhi at the time of riots was not acceptable.

      
"The alibi is available to the accused only during the trial not at the time of investigation. Have they ever examined Tytler, have they ever questioned him," John argued.

      
In over two-hour-long argument, the counsel also questioned the CBI's move to reject the statements of witnesses Jasbir Singh and Surinder Singh by examining other witnesses.

     
"There is nothing at all to discredit version of Jasbir Singh. It was a riots situation. It is not necessary that what Surinder saw at that time will also be seen by other witnesses," she submitted.

     
The counsel also read out the contents of several affidavits submitted by Surinder Singh, who died last year, since July 31, 1987 before different Commissions including the

justice Jain-Banerjee Committee and justice Nanawati Commission.

     
John also referred to a detailed statement of Surinder, who was a priest at Gurudwara Pulbangagh, made on February 21, 2008 in which he alleged that Tytler instigated the mob that had killed three persons including Saradar Badal Singh on November one, 1984.

     
The arguments on behalf of Kaur, wife of deceased Badal Singh, remained inconclusive and is likely to continue on March 29.

     
The CBI had on February 10 completed its arguments on the closure report giving clean chit to Tytler on April 2 last claiming lack of sufficient evidence against him and terming the witnesses' statement as "false and concocted".

    
It had alleged that Surinder and Jasbir, residing in California now, had made statements only to implicate Tytler.

     
The Delhi High Court had on February 8 directed the lower courts to wind up the trial of all pending anti-Sikh riots cases, including those related to Congress leaders Sajjan Kumar and Tytler, within six months.

    
The alleged role of Tytler in the case relating to the killing of three persons including Kaur's husband Badal Singh on November one, 1984, near Gurudwara Pulbangash in north Delhi was re-investigated by CBI after a court had earlier refused to accept a closure report filed by the agency against him in December, 2007.