New Delhi, January 11
After a city court had last month rejected CBI’s report for closing the 1984 anti-Sikh riot case against senior Congress leader and former minister Jagdish Tytler, crucial witness Jasbir Singh today moved the Delhi High Court expressing his willingness to record his statement in a US court under a commission procedure.
Jasbir Singh moved the application to this effect in the HC through his lawyers Navkiran Singh and Sharat Kapur, seeking a direction to the CBI to make arrangement
for recording of his evidence before a suitable court in the US. Jasbir Singh, who allegedly had fled the country after facing threat to his life, is presently based in California and the CBI had earlier told the trial court that he was not traceable and, therefore, the case against Tytler be closed as there was no other evidence about his involvement in the riots.
In an application, moved through his son, Jasbir Singh said he was very much willing to depose as a witness but could not come to India. In view of this the notice issued by the CBI for appearing before the agency for recording his statement, be quashed.
After a special court at Karkardooma in east Delhi had on December 18 rejected the CBI’s closure report, the agency had issued notice to Jasbir Singh on January 2 asking him to appear before it at its headquarters in the capital.
Jasbir Singh in his application said it was not necessary for him to fly to Delhi to record his statement as the same could be done under “court commission” procedure in any US court.
Under the procedure, the trial court could appoint a commission that will visit the US and get the evidence of the witness recorded in a court close to Jasbir Singh’s residence and the US court would send the same to the trial court under sealed cover. This procedure had been followed earlier in Chandraswami’s case.
“If the CBI is really serious and interested in investigating the case and recording the statement of the witness, then it should have moved an application under section 166A (1) of CrPC” for recording of his evidence in a foreign court instead of issuing him notice under section 160, Jasbir in his application said. He further requested the HC to stay further proceeding in the trial court till a decision is taken on his petition. The court is likely to take up the matter on January 14, according to his counsel.
