Congress leader Jagdish Tytler on Thursday moved the Delhi high court against the trial court's order for reopening of the investigation against him in a 29-year-old anti-Sikh riots case, in which three people were killed.
Tytler has challenged the trial court order, which set aside the Central Bureau of Investigation’s closure report, giving him a clean chit in the case. The appeal is likely to be listed on Friday for hearing.
"The trial court order is contrary to the scheme of code of CrPC. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency which witness should be examined by it," he said in the petition.
"The settled position of law is that a direction for investigation can be given only if an offence is prima facie found to have been committed or a person's involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given," he said and urged the high court to quash the trial court order.
Tytler has challenged the trial court's order, in which the CBI was also directed to examine eye-witnesses and people claiming to have information about the riots.
The trial court order had come on a plea by the riot victims against the CBI giving a clean chit to Tytler and filing a closure report.
Senior advocate H S Phoolka, appearing for petitioner Lakhwinder Kaur, had submitted that there was material and evidence which the agency has ignored.
The CBI had sought dismissal of the plea filed by the victim, saying the probe has made it clear that Tytler was not present on November 1, 1984 at Gurudwara Pulbangash in north Delhi, where three people were killed during riots in the aftermath of the assassination of the then prime minister Indira Gandhi.
