The riot victims have filed a protest petition against the clean chit already given thrice to Tytler by the CBI, alleging that there was ample evidence to prosecute him and the agency was favouring him.
Complainant Lakhvinder Kaur, whose husband Badal Singh was killed in the riots, in her protest petition has challenged the closure report and sought court's direction to CBI to probe the matter further to bring on record available incriminating evidence against the accused.
Seeking to dismiss with heavy cost the protest petition filed by riot victims, CBI said that during its investigation, it has been established that Tytler "was not involved in the incident of attack which took place at Gurdwara Pulbungash on November 1, 1984".
"It is further submitted that CBI cannot falsely implicate an innocent person merely on the basis of charged sentiments and to satisfy the ego of some elements who are adamant to falsely implicate Jagdish Tytler.
"During the course of investigation and further probe, it has been established that Jagdish Tytler was not involved in the incident of attack which took place on Gurdwara Pulbangash on November 1, 1984," CBI said in its reply filed in response to the protest petition filed before Additional Chief Metropolitan Magistrate (ACMM) SPS Laler.
The court fixed the case for October 6 for filing of rejoinder by the victims.
Opposing the protest petition, CBI claimed it was filed by the victims with malafide intention to falsely implicate an innocent person and said that during the investigation, no incriminating evidence was found to prosecute Tytler.
The agency also claimed it had conducted investigation in an impartial, fair and professional manner, without being influenced from any quarter.
"During probe, it was found that at the time of incident, Tytler was not present at Gurudwara Pulbangash, but he was present at Teen Murti Bhavan (where the then Prime Minister Indira Gandhi was lying in state) on November 1, 1984.
"During the course of investigation, this version of Tytler was found truthful, which was also corroborated by other evidence collected by CBI," the reply said.
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