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Delhi high court asks CBI to reinvestigate case against Tytler

In a significant direction, the Delhi high court on Tuesday asked the Central Bureau of Investigation to re-investigate the complaints against former Union minister Jagdish Tytler and two Delhi police officials.

The case is presently being handled by the Delhi police, following the complaints filed by three victims of the 1984 anti-Sikh riots.

Passing the order, Justice Anil Dev Singh said as the police were unable to trace the culprits, the CBI should take over the investigation in the interests of justice, especially so because of the alleged involvement of police officers Raghubir Singh Malik and Jai Bhagwan Malik.

The court was hearing three petitions filed by riot victims -- Rajwant Kaur, her daughter-in-law Balwinder Kaur and brother-in-law Dilbagh Singh. They alleged that Tytler and the two police officials incited the mob which killed their close relatives.

''In their affidavits filed before the Justice Ranganath Misra Commission, constituted to inquire the 1984 riots, they had named the said police officials as well as Tytler,'' Justice Singh said.

However, in their statements under Section 164 of the Criminal Procedure Code, the complainants did not name the said persons, the judge said.

He said the victims's immediate neighbours's statements were not recorded by the police under Section 161 of the CPC. So also the statement of Dilbagh Singh, who lost his son during the riots.

The Justice Misra Commission forwarded the affidavits of the riot victims to the Delhi administration which constituted a committee comprising Justice M L Jain and former deputy inspector general of Delhi police A K Bannerjee, the order said.

The committee said the cases in which affidavits have been filed should be reinvestigated by the CBI, Justice Singh said.

It appears the Delhi administration did not agree with the committee's recommendations. Though it constituted a special cell to investigate the cases, the offenders remain untraced, the court ruled.

UNI

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