New Delhi: Senior advocate HS Phoolka, who has been instrumental in re-opening the investigation in 1984 anti-Sikh riot cases, has written a letter to the Prime Minister demanding Congress leader Jagdish Tytler’s custodial interrogation. He also lashed out at the Central Bureau of Investigation (CBI) for favouring the politician in the case.
The Nanavati Commission had named Tytler as one of the organisers in its report submitted a decade ago. He was also accused of killing three Sikhs outside Gurudwara Pulbangash in his Delhi north constituency during the riots.
While the CBI, to date, has not been able to establish any charges against the Congress leader, several Delhi courts from time-to-time have pressed the agency for further investigation into his role.
Phoolka, in his letter, has talked about an incident during a hearing in Karkardooma courts, where the re-trial in anti-Sikh riot cases have started.
“During the court hearing in Karkardooma courts, the investigating officer called one of the prime witnesses against Tytler a ‘blackmailer’. The statement of witnesses, who gave evidence against Tytler, are not being recorded before the magistrate under section 164 of The Criminal Procedure Code, whereas the statement of witnesses, who gave statements in favour of Tytler, were duly recorded by CBI,” wrote the senior Supreme Court lawyer.
He has also alleged that CBI was not recording statements of select witnesses and has thereby established a case of ‘preferential treatment’.
“The court has also asked CBI why statements of 22 witnesses, who are nearly 85 years old, should not be recorded under section 164 CRPC. To this, the CBI had stated that it was their discretion. The CBI’s stand, openly favouring the accused in a case relating to a mass massacre, is not acceptable. The CBI is also intentionally delaying the lie detector test of Abhishek Verma, in spite of Verma’s consent and willingness to undergo the test, as it is likely to go against Jagdish Tytler,” states Phoolka.
Recently, Congress leader Jagdish Tytler had lodged a complaint against Delhi Sikh Gurdwara Management Committee president Manjit Singh GK, accusing him of circulating a “doctored” video clip showing Tytler confessing to the mass massacre.
Tytler filed the complaint at Kapashera police station in southwest Delhi and also lodged a complaint to the cyber cell of Delhi Police. “A complaint has been received and we are looking into it,” an officer said.
Meanwhile, Phoolka has called for a change in the CBI investigation team and custodial interrogation of the Congress leader.
“The CBI team, which is investigating the case against Jagdish Tytler, is totally favouring him and is trying to shield him. I honestly request you to instruct the director of CBI to immediately change the team of investigation,” wrote Phoolka to PM Modi.