1984 riots case: HC judge recuses from hearing Tytler's plea

A Delhi High Court judge today recused himself from hearing a plea of senior Congress leader Jagdish Tytler challenging a lower court order by which the CBI was asked to further investigate his role in a 1984 anti-Sikh riots case.
"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 recusal from the hearing.
Yesterday, 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 riots.

Seeking quashing of the trial court order, Tytler has in his plea said, "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 that which witness should be examined by it."
"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 in his plea.

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 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 riots in the aftermath of assassination of the then Prime Minister Indira Gandhi.