Congress leader Jagdish Tytler will have to face CBI probe in the anti-Sikh riots of 1984.
The Supreme Court on Friday refused to interfere with the trial court order directing a CBI inquiry against him. After the Delhi High Court refused stay and posted the matter for hearing in September, Tytler approached the apex court.
“High Court has entertained your revision petition. Even the date has been fixed to hear the matter on September 18…If the matter is not taken up, you are free to approach us. But we are not inclined to interfere at this stage,” the apex bench headed by Justice P Sathasivam said.
Gauging the mood of the court, senior advocate Mukul Rohatgi was quick to request for withdrawing the case, to which the court agreed.
Tytler approached the apex court challenging the High Court’s July 3 order saying, “Only investigation is ordered and this court will not stop the investigation.” He had on May 30 moved the HC challenging the trial court order setting aside the CBI’s closure report giving him a clean chit and directing the probe agency to examine eye-witnesses and people claiming to have information about the riots.
Rohatgi opposed the trial court order directing probe against him nearly after 30 years had passed since the investigations began. “This case was investigated for 30 years and by 11 Commissions which have said that I was not present at the spot as per the complaint.”
The allegation against Tytler was that he was present on November 1, 1984 at Gurudwara Pulbangash in north Delhi where three people were killed during the riots in the aftermath of the assassination of then Prime Minister Indira Gandhi.
At this stage, the bench intervened and said, “Is it your case that a person has to be on the field to be arrayed as an accusedIJ” Rohatgi clarified that two closure reports were filed following the fresh registration of FIR by the CBI in 2005. He was aggrieved only by the High Court order not granting him stay and refusing to hear him before September 18.
Apart from dealing with the merits of the case, the apex court was of the view, “This kind of cases should not take so many years to complete.” Sensing the mood of the bench, Rohatgi decided to reserve the option before the High Court and withdrew the appeal.