84 riots: Witness gives conditional consent for polygraph test

Arms dealer Abhishek Verma today said he was ready for a lie-detector test in a 1984 anti-Sikh riots case if Congress leader Jagdish Tytler, given a clean chit by CBI for his alleged role, also agreed to it.
Verma, who apprehends threat to his life and to his family, told a city court that he had no objection in undergoing the polygraph test if he was provided with adequate security and the process was videographed.
Tytler has objected to the test saying CBI has not given any reason for conducting it and its plea for conducting it was "gross misuse of law" and filed with "malafide intention".

Additional Chief Metropolitan Magistrate Shivali Sharma took on record the reply filed by Verma and listed CBI's plea seeking to conduct lie detection test of Tytler and Verma for March 16 for hearing arguments.
Advocate Maninder Singh, who appeared for Verma, said he has been made a witness by the CBI in the case and it would be more proper if the agency records his statement before a magistrate under section 164 CrPC as he would not be able to retract from it.
"If Tytler agrees for the test, I have no objection on it. But if I am going for the test, adequate security should be provided to me and my family, as I am under threat.

"Asking me for lie detection test is more of pointing fingers at me rather than the accused. I am a witness and I am coming forward to help prosecution," the counsel submitted.

While giving conditional consent, he also said the questions put to Verma during the test should be related to this case only and not to any other case in which he has been made accused by the agency.
The CBI prosecutor, however, said the consent should be unconditional and there should not be any condition.
During the hearing, senior advocate H S Phoolka, who represented riot victims, said keeping in mind the background of the case, the witness should be provided adequate security.

On Verma's plea seeking protection, CBI told the court it has forwarded the complaint to the Delhi Police.
Tytler, who has denied any role in the riots, was given a
clean chit by CBI thrice, but the probe agency was directed by the court to further investigate the matter.
Verma has made several statements to CBI against the senior Congress leader alleging he had pressurised witnesses in the case.
CBI said in its plea that "for the purpose of further investigation, polygraph test (lie detection test) needs to be conducted on Abhishek Verma and Jagdish Tytler". It has cited the court's December 4, 2015 order in which it was mentioned that lie detection test may be conducted, if required.

The court had earlier held that Verma in his statement to CBI had claimed that an "active role" was played by Tytler in extending a "helping hand" to a witness against him.
It had noted that the statement given by Verma to CBI in which he claimed that Tytler had sent the son of Surinder Singh Granthi, a key witness against him, to Canada, cannot be a "sheer coincidence" and the agency should probe whether it was true.
The court had in December 2015 directed CBI to further investigate the matter and said it would monitor the probe every two months so that no aspect is left uninvestigated.

CBI had re-investigated the case of killing of Badal Singh, Thakur Singh and Gurcharan Singh near the gurudwara after a court in December 2007 refused to accept its closure report. CBI has filed three closure reports in the case.