The counsel argued that CBI had not investigated the

conspiracy angle to ascertain Tytler's role in the case and the probe was conducted in such a manner as if it was "guided and dictated" by Tytler. "CBI has behaved in the manner as if they have been assigned the job of only collecting the evidence in favour of accused which is actually defence evidence. The CBI has not collected any evidence to strengthen the case against Tytler," Phoolka argued, adding that CBI should have conducted a Narco test of Tytler, keeping in view the large scale massacre. He also said that on November 5, 1984 Tytler had gone to the office of Delhi Police Commissioner to get released his men who were arrested during the rioting incident. "Accused Tytler told the commissioner that the officer had detained his men. This is a clear admission by the accused that the rioters arrested by the police were Tytler's men and this had happened in the presence of several journalists who were attending the press conference there," he said, adding that the CBI had not inquired into this incident. The advocate said there are certain eye witnesses, willing to give statement, but CBI is not examining them. On April 27, 2010, a magistrate had accepted CBI's closure report in the case against Tytler, saying there was no evidence to put him on trial. The court had allowed CBI's arguments that Tytler was present at late Indira Gandhi's residence at Teen Murti Bhavan and was not at the scene of crime, saying its contentions were justified by material, including some visual tapes and versions of some independent witnesses. Witness Jasbir (now residing in California), in an affidavit, had claimed before the Nanavati Commission that he had heard Tytler on November 3, 1984, rebuking his men for the "nominal killings" carried out in the riots. The court rejected Jasbir's version, saying he had deposed for something which took place on November 3 while the case related to an incident of November 1, 1984.