A Delhi court today issued notice to the CBI on a protest petition filed by the victims of anti- Sikh riots against its closure report giving clean chit to Congress leader Jagdish Tytler for his alleged role in the 1984 massacre.
Additional Chief Metropolitan Magistrate(ACMM) S P S Laler sought CBI's response on the protest petition filed today against the third closure report in the case and fixed the matter for September 11.
In the petition, complainant Lakhvinder Kaur, whose husband Badal Singh, was killed in the riots sought the court's direction to CBI to probe the matter further to bring on record available incriminating evidence against the accused.
The plea filed through senior advocate H S Phoolka, who is representing the victims, said the CBI's investigation was "faulty, tainted, dishonest and perfunctory".
"The closure report deserves to be rejected and ignored and there is ample evidence available on record as well as otherwise for this court to direct CBI to conduct further investigation as the witnesses are available and ready to give their statements concerning the incident," it said.
The petition alleged that the agency has not examined and recorded statements of the witnesses who were available to depose against the accused. It said even the complainant does not exonerate Tytler in her statement.
"The closure report has been filed in favour of Tytler on the premises that no incriminating evidence is available against him and hence CBI was not proceeding against him.
"This court can take cognizance of final report submitted by CBI against Tytler as there is ample incriminating evidence against him even in the final report which has been glossed over by CBI in an endeavor to give a clean chit to Tytler," the plea said and accused the agency of shielding "powerful politician who was involved in worst and heinous massacre".
It also alleged that CBI was able to trace out only those witnesses who are deposing in Tytler's favour and those who do not testify in his favour, the agency says they are untraceable.
