CBI has told the Delhi HC that it cannot record the statement of Jasbir Singh, a US-based witness in the '84 riots case against Jagdish Tytler, through video conferencing.
NEW DELHI: CBI on Monday told the Delhi High Court that it will be difficult for it to record the statement of Jasbir Singh, a US-based witness in an anti-Sikh riots case involving Congress leader Jagdish Tytler, through video conferencing. Appearing for CBI, Additional Solicitor General P P Malhotra told Justice Sanjay Kishan Kaul that Singh had never appeared before the agency to prove his credentials so it would be difficult to record his statement through video conferencing.
Malhotra also informed the court that CBI would not file a closure report till the disposal of petition here. The court, taking his contention into account, now issued notice to the CBI and fixed February 27 for further hearing on the matter. California-based Singh had moved the court on Friday seeking direction to the CBI that his statement be recorded in an American court.
Singh, who was earlier declared untraceable by the CBI, had sought quashing of a notice issued by the investigating agency asking him to come to the country and give his statement in the matter. The CBI, following a trial court order directing it to re-investigate Tytler's role in the case, had issued notice to Singh on January two under section 160 of the CrPC, which empowers the probe agency to seek presence of a witness. The CBI should have moved under section 166A (1)(which allows non-resident Indian to testify in foreign courts on the request of probe agency) and not under section 160 of the CrPC, the petition had alleged.