New Delhi, Sep 11 (IANS): The CBI told a Delhi court on Friday that Congress leader Jagdish Tytler was not involved in the 1984 anti-Sikh riots and the probe agency cannot implicate him on the basis of assumptions and presumptions.
The Central Bureau of Investigation (CBI) told Additional Chief Metropolitan Magistrate Saurabh Pratap Singh Laler that it was established during the investigation that Tytler was not involved in the attack on Gurudwara Pul Bangash on November 11, 1984.
The CBI reply came on the protest petition filed by victim Lakhvinder Kaur, against the CBI's closure report giving a clean chit to Congress leader Tytler for his alleged role in the violence.
Kaur's husband Badal Singh was killed in the riots that left thousands dead after the assassination of then prime minister Indira Gandhi.
The CBI said it has conducted a thorough, fair and impartial investigation in a professional manner.
"However, the CBI being a responsible investigating agency cannot falsely implicate and prosecute an innocent person merely on the basis of assumptions and presumptions," the CBI said.
It further submitted that the investigating agency was required to look into all aspects and versions to find out the truth.
The CBI has cited statement of Narinder Singh Khera, the son of one of the witnesses in the case Surender Singh. Surender Singh is no more.
The CBI said Khera, in his statement recorded on May 6, 2008, said his father had told him that he had been under pressure from "Kattarpanthi people" to depose falsely against Tytler.
During the course of investigation, it was found that at the time of incident on November 1, 1984, Tytler was not present at Gurdwara Pul Bangash, but he was present at Teen Murti Bhawan.
This version of Tytler was found truthful, which was also corroborated by other evidence collected by the CBI.
The CBI also trashed victim's claimed that who had cited businessman Abhishek Verma's statement - enclosed with the closure report - where Verma had mentioned that Tytler tried to influence one of the witnesses by giving him a hefty sum of money and promising to settle his son abroad.
The CBI said no reliance can be placed on the statement of Verma and his statement appears to be after thought and concocted. It is further respectfully submitted that neither Verma nor Narinder Singh is the eye witness to the incident.
The court has posted the matter for October 6 for further hearing.
The court was hearing the closure report that gave a clean chit to Tytler. It was for the third time that the CBI filed a closure report in the case.
In her plea, filed through senior advocate H.S. Phoolka, Kaur has sought the court's direction to the CBI to probe the matter further to bring on record available incriminating evidence against the accused and sought action against Tytler over allegations of influencing witnesses and money laundering.
Phoolka, who is representing the victims, said the CBI's investigation was "faulty, tainted, dishonest and perfunctory".
The agency twice earlier gave a clean chit to the Congress leader. In April 2013, a sessions court rejected the closure report and ordered the agency to further investigate the killing.
The CBI did that but again filed another closure report on December 24, 2014 saying that there was not sufficient evidence to proceed against Tytler.