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Tytler doubts veracity of Jasbir's affidavit
NEW DELHI: Shortly after a Delhi court directed the CBI to re-investigate a 1984 anti-sikh riot case involving him, former Union Minister and Congress leader Jagdish Tytler on Tuesday expressed doubts over the veracity of the affidavit of a witness, who has expressed his desire to assist the investigating agency.
The court took note of the reports that witness Jasbir Singh, who was declared untraceable by the CBI, spoke to TV channels from the United States that he was willing to record his statement with the agency.
Questioning the affidavit of Singh, Tytler said there were contradictions in it and he would be happy if he comes and make things clear so that entire conspiracy surrounding it will be exposed.
“If in his affidavit he has said that on the third (November 3, 1984), remember third is a very important date, when the whole of Delhi was under curfew with orders to shoot, even a stray dog can't be on the street that day”.
“At 11:30 in the night he sees Mr Tytler in a mob. In a curfew, can you imagine.... In a curfew on the third,” Tytler told reporters.
“I want that man to come, because then the whole thing will be clear and then you will come to know what conspiracy it is and what lie it was,” Tytler said.
The former Union Minister said, “he (Jasbir Singh) did not say that he is a witness to Mr Tytler saying ... Why have you not killed many people.”
“He also says that on the first (Nov 1), he was in Jagjit Nagar when he saw his house being burnt. Then, how can he be a witness when he himself says that I am on the first at my house in Jamunapur.
“He says in his affidavit that he stayed in Sattu Singh's house. But, Sattu Singh has given an affidavit that nobody by this name ever came to his house,” Tytler said.
Senior advocate H S Phoolka, representing victims of the riot said, “the court has rejected the clean chit given by the CBI to Tytler”.
“The court has directed the CBI to carry out further investigation and then file a fresh report. We will now ask the CBI to send him (Jasbir Singh) a questionnaire or ask for the affidavit from America or go for video conferencing. His coming to India is not necessary,” he said.
Jasbir Singh's counsel Navkiran Singh said, “the case has now been reopened”.
“The court has taken into consideration the fact that the CBI was not recording Jasbir Singh's statement though he was ready to answer all questions,” he said.
“The court has directed the CBI to carry out further investigation and then make a fresh report. We will now ask the CBI to either send him a questionnaire, ask him for affidavit from America or go for video conferencing, if they want. His coming to India is not necessitated,” Phoolka said.
Singh's counsel Navkiran Singh said, “the case has now been reopened” and “the court has taken into consideration the fact that CBI was not recording Jasbir Singh's statement though he was ready to answer all questions.”
The case relates to an incident on November 1, 1984 when a mob had set afire Gurudwara Pulbangash killing three persons.
The investigating agency had filed a report on September 29, giving a clean chit to Tytler and claiming that the whereabouts of Singh, who had allegedly heard Tytler inciting a mob to kill sikhs after the assassination of former Prime Minister Indira Gandhi, was not known as he was settled in the United States.
Singh had told the Nanavati commission on August 31, 2000 that “he had overheard Tytler rebuking his men on the night of November 3, 1984... For nominal killing of sikhs in his constituency”.
The court on, December 6, had asked the agency as well as Singh's counsel Navkiran Singh to come up with ways to record the statement of the witness. While, the CBI appeared adamant over its demand to call the witness to the country, Navkiran expressed apprehension of threat to Singh in coming here.
CBI counsel Sanjay Kumar said that it was ready to record Singh's statement but the witness had to appear before the agency so that his claims could be corroborated.
Navkiran had said that Singh's version could be very well recorded by the CBI through video-conferencing from the Indian high commission in San Francisco.
Following CBI's report in the case, senior counsel Phoolka appearing for two sikh organisations - Delhi sikh gurdwara management committee and November '84 carnage Justice committee - had filed an application seeking copies of CBI's report asking for closure of the case.
The CBI however, had objected to it saying that there was no provision of law for supplying a copy of such report to third parties.
Phoolka had on December six furnished the address of Singh, trashing the claim of CBI that his whereabouts were unknown.
The agency in its report seeking closure of the case against Tytler had affirmed that its investigations into the case was conducted in a fair and impartial manner.