(UNI) The Delhi High Court issued notices to CBI on an appeal of Congress leader Jagdish Tytler against a trial court order which asked for reopening of the 1984 anti-Sikh riots case against him regarding the killing of three people near Gurudwara Pul Bangash.
Justice S P Garg directed the investigating agency and the petitioner Lakhwinder Kaur to file their replies within four weeks.
The court declined to stay the proceedings going on in the trial court and posted the matter for further hearing for September 18.
Justice Garg said the trial court only ordered probe and, 'I will not stop the investigation.'
The trial court had on April 10 ordered reopening of investigation against Mr Tytler for his alleged role in the 1984 anti-Sikh riots as a fresh complaint was filed against him by one Lakwinder Kaur.
The CBI had given a clean chit to Mr Tytler and has said that no evidence was found against the Congress leader to book him on allegations of being a part of conspiracy in killing Sikhs in the 1984 riots.
The trial court had set aside the CBI's closure report and directed a fresh probe in the case.
Mr Tytler had appealed in the High Court against the trial court order saying that this order is contrary to the Criminal Procedure Code (CrPc) which says that a person can be tried only once in a particular case.
The Congress leader contended that the trial court cannot challenge the mode of investigation by a probe agency which is the absolute prerogative of the agency.
It is not for the court to direct the agency about which witness should be examined by it and which not, he added.
Mr Tytler has sought quashing of the 29-year-old case saying that the trial court has exceeded its limitations and directed fresh probe in case which has already been probed for such a long period.
A riot victim Lakhwinder Kaur had sought a further probe into the killing of three people near Gurdwara Pul Bangash in old Delhi.
She claimed that Mr Tytler instigated a mob that led to the murder of three men who had taken shelter at the Gurudwara on November 1, 1984.
Matter relates to allegations against Mr Tytler that he was instrumental in instigating riots after the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
The trial court had ordered reopening of the case and sought people's response to come up and tell their grievances, if any.
After the court's order, Lakhwinder had sought probe in the matter. UNI
