New Delhi, India (May 31, 2013): It is learnt that A Judge of Delhi High Court on May 31, 2013 rescued himself from hearing a plea of Indian politician and Congress leader Jagdish Tytler challenging a lower court order by which the CBI was asked to further investigate his role in a case related to November 1984 violence against the Sikhs. This case relates to the brutal killings of three innocent Sikhs.
Jagdish Tytler, one of the former Indian ministers who are accused for their involvement in Sikh Genocide 1984
“In any case, I am not going to hear it. Put this matter on July 3 before another bench,” Justice Kailash Gambhir said, without assigning any reasons for his refusal from the hearing.
It is notable that on May 30, 2013 Jagdish Tytler had moved the court challenging the trial court order setting aside the CBI’s closure report giving him clean chit in the 29-year-old case and directing the probe agency to examine eye-witnesses and people claiming to have information about the violence against the Sikhs.
Jagdish Tytler has enjoys state patronage. No proper investigation or trial has taken place against him in last 29 years. The investigation in this case had started on the recommendations of Nanavati Commission that had submitted it’s report in 2005. The premier investigative agency of India, the Central Bureau of Investigation (CBI) had filed a closure report in this case in 2009. On April 27, 2010 the lower court had accepted the closure report submitted by CBI.
But the victims of 1984 genocide challenged the order of lower court in the court of Additional Sessions Judge. In April 2013 the court of Additional Sessions Judge Anuradha Shukla Bhardwaj set aside the lower court’s order and directed the CBI to investigate the case Jagdish Tytler.
“The CBI is directed to conduct further investigation in the light of aforesaid facts and to record the statements of witnesses, who it had come to know during the investigation itself, are claiming/shown/named to be the eye witnesses of the incident,” Additional Sessions Judge Anuradha Shukla Bhardwaj had said.
Now Jagdish Tytler has moved the Delhi High Court against the order passed by Additional Sessions Judge.
“The trial court order is contrary to the scheme of code of Cr. P. C. 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 that which witness should be examined by it” Jagdish Tytler has reportedly alleged in his petition.
As per media reports: senior advocate H. S. Phoolka, appearing for petitioner Lakhwinder Kaur, had submitted that there was material which the agency has ignored and evidence was also there before the trial court against Tytler.
The CBI, however, 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 a planned and organized massacre of Sikhs in the aftermath of assassination of the then Indian Prime Minister Indira Gandhi.
In past 29 years Indian judiciary has suffered faliure to deliver justice to the victims of Sikh genocide 1984.