In a new turn in the 1984 anti- Sikh riots case, the CBI, which had given a clean chit to Congress leader Jagdish Tytler, today said it is ready to examine once again the case against him if victim provides fresh evidence.
The agency took this stand in a submission filed a local court which had listed the case for pronouncement of order today on whether to accept the agency's closure report.
But Additional Chief Metropolitan Magistrate SPS Laler was on leave and the matter has now been fixed for December four.
The CBI was replying to a fresh plea filed by complainant Lakhvinder Kaur, whose husband Badal Singh was killed in the riots, seeking deferring of the case to enable her furnish reliable information regarding witnesses quoted in the final report.
In its reply, CBI said it has no objection if the case is deferred for granting time to Lakhvinder Kaur to get concrete information regarding material witnesses, Resham Singh, Chanchal Singh, Alam Singh, Jasbir Singh, Santosh Singh and Narender Singh.
"It is respectfully submitted that if the applicant (complainant) provides (details of) the material witnesses in the interest of justice in the present matter, then the CBI is ready to take up further investigation on the additional evidence," the reply filed by CBI said.
CBI was replying to the victim's plea filed by advocate Gurbaksh Singh that through reliable links, she has been able to trace witnesses who have assured her that if their safety is assured, they were ready to reveal true facts about the incident on November 1, 1984 in which her husband was killed.
"It is prayed that CBI may be granted time with permission to examine the material if so supplied by the complainant," the agency said.
Later, senior advocate H S Phoolka, who represents the riot victims, said in a statement that the application was filed without consulting him and claimed it was done at the behest of Akali Dal.
"Akali Dal Badal which is a partner in NDA government got an application filed 3-4 days back in the court in the name of the victim that they will provide the addresses of material eye-witnesses Resham Singh, Chanchal Singh and Alam Singh.
"CBI had earlier informed the Court that the addresses of these four witnesses are not traceable. CBI filed its reply in Court today and it has totally agreed with the contents of this application and stated that it is prepared to further investigate the matter," he said in his statement.
Phoolka claimed it is clear that addresses are available with the government but CBI has wrongly stated in its closure report that these witnesses are not traceable and gave clean chit to Tytler.
The court had on October 30 reserved its order after hearing arguments of counsel for CBI and the riots victims on the issue of whether to accept the closure report. The victim has filed protest petition challenging the closure report.
The case pertains to riots at Gurudwara Pulbangash in north Delhi where three people were killed on November 1, 1984, a day after the assassination of the then Prime Minister Indira Gandhi.
CBI had re-investigated the case of killing of Badal Singh, Thakur Singh and Gurcharan Singh near the gurudwara after a court had in December 2007 refused to accept the closure report. Tytler has denied any role in the riots.