Fri, Feb 9, 2018 at 4:38 PM
Phoolka sent a letter to Prime Minister Modi
To,
Shri Narendra Modi
Prime Minister of India
South Block, Raisina Hill,
New Delhi-110011
SUBJECT: Request to change the CBI team investigating the Jagdish Tytler matter
Sir,
I thank you for raising the issue of 1984 Sikh Genocide in the Parliament. I want to bring to your notice that the team of CBI which is investigating the case against Jagdish Tytler is totally favouring him and is trying to shield him. They have grossly failed to do their job as independent investigators and to collect evidence and secure punishment for the guilty. To the contrary, they collect only that evidence that favours Jagdish Tytler. The CBI has given a clean chit to Tytler three times and all three closure reports submitted by CBI were rejected by the Courts. This is probably the first case in which the CBI has filled three closure reports, one after the other. This attitude of the CBI has still not changed.
During the Court hearing before the Learned ACMM in Karkardooma Courts, the IO investigating the case, called one of the prime witnesses against Tytler a ‘Blackmailer’. The witnesses who have given the evidence against Tytler, their statements are not being recorded before the Magistrate under Section 164 Criminal Procedure Code, whereas the statement of the witnesses who gave statements in favour of Tytler, were duly recorded by CBI. The Court has also asked the CBI that as two witnesses are about 85 years old, why should their statements not be recorded under Section 164 Cr.P.C. To this, the officers of CBI took the stand that it is the prerogative of the CBI to record or not to record the statements and argued that the Court does not have the jurisdiction to direct the CBI.
This stand of the CBI openly favouring the accused in a case relating to a mass massacre is not acceptable. Earlier, in 2009, the then DIG of the CBI had recommended that chargesheet under Section 302 IPC for murder should be filed against Jagdish Tytler. The IG of the CBI agreed with him, but unfortunately the Director, under the pressure of the Congress Government, rejected these recommendations and directed that a closure report be filed. The said Closure Report was subsequently rejected by the Hon’ble Court.
Now the Court has directed the CBI to investigate the allegations of money laundering and sending Rs. 5 Crore to Canada by Jagdish Tytler in the Trust controlled by his sister. The said amount of Rs. 5 Crore was seized by a bank in Canada. Subsequently, by filing false documents, the said amount was released. The Court gave a direction to the CBI vide order 04.12.2015 to investigate this angle, however, in the past two years, the CBI has not made any progress in this regard.
The CBI is also intentionally delaying the Lie Detector Test of Abhishek Verma (witness against Tytler), despite Verma’s consent and willingness to undergo the Test, as that is likely to go against Jagdish Tytler.
Recent videos have come out in the open, wherein Tytler is confessing to the killing of 100 Sikhs and money laundering; this coupled with the earlier allegations makes a sufficient ground to arrest Tytler and subject him to custodial interrogation.
If there had been any other accused on the same evidence, the CBI would have arrested him long back. Why is Jagdish Tytler being given preferential treatment?
I earnestly request you to direct the Director of the CBI to immediately change the team investigating the case of Jagdish Tytler and to take prompt action in the case. The custodial interrogation of Jagdish Tytler is also absolutely necessary in these circumstances.
Yours Sincerely,
H.S. Phoolka
Senior Advocate
No comments:
Post a Comment