Witness against Tytler moves Delhi High Court

Witness against Tytler moves Delhi High Court
“Record my statement in American court”

New Delhi: A U.S.-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. CBI notice
The CBI, following a trial court order directing it to re-investigate Tytler’s role in the case, had issued notice to Mr. Singh on January 2 under section 160 of the CrPC, which empowers the probe agency to seek the presence of a witness.
Challenging the summons, Mr. Singh said the CBI, allegedly with the aim to help the accused, was insisting on his presence in India for recording his 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 a 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. “Restrain CBI”
Mr. Singh submitted that till the decision on his petition was made, the proceedings in the trial court should be stayed and the CBI be restrained from closing the probe.
The petition, filed by his counsel Navkiran Singh and Sharat Kapoor, is likely to come up for hearing on January 14.
Mr. Singh, in an affidavit before the Nanavati Commission which inquired into the anti-Sikh riots, had stated that on November 3, 1984 he had overheard Mr. Tytler rebuking his men for nominal killing of Sikhs in his constituency.