Hindustan Times (Amritsar)

Do you want to take lie-detection test, court asks Tytler

- HT Correspond­ent letterschd@hindustant­imes.com n

NEWDELHI: Congress leader Jagdish Tytler on Tuesday was directed by a Delhi court to give an “unambiguou­s” reply on whether he wanted to undergo lie-detector test in a 1984 antiSikh riots case in which he was earlier given clean chit.

The court held that CBI’s plea for obtaining consent of Tytler and businessma­n Abhishek Verma, a prosecutio­n witness in the case, for conducting polygraph test was maintainab­le.

Additional Chief Metropolit­an Magistrate Shivali Sharma also directed V er ma to communicat­e his unambiguou­s consent or no consent for being subjected to polygraph test.

“Both then on-applicants( Ty tl er and V er ma) are directed to file an affidavit clearly specifying they have understood the nature of the test that is sought to be conducted on them and giving a clean and unambiguou­s consent/no consent for participat­ing in the polygraph test” the court said.

It said if there are any conditions attached to the consent, Ty tler and Verma should appear in person on May 22, the next date of hearing, for clarificat­ion.

The court said that inhis reply to CBI’s plea seeking his consent for the test, Tytler had preferred to challenge the maintainab­ility of the applicatio­n and remained evasive with regard to his consent. “Jagdish Tytler is thus directed to communicat­e to this court his unambiguou­s consent/ no consent for being subjected to polygraph test,” it said.

Challengin­g the maintain ability of CBI’s plea, Tytler’s counsel had argued that it was a gross misuse of process of law which was filed with an intent to embarrass him.

Referring to a December 4,2015 order of the court, he had said that CBI was directed to conduct lie detection test on Verma, if required and there was direction for conducting the test on the

The court, however, rejected his contention, saying it was the prerogativ­e of the investigat­ing officer (IO) as to on whom he wants to conduct polygraph test and the court’s direction for investigat­ion does not tie hands of the I O to conduct further probe on any other additional aspect.

“Merely because the court in December 4, 2015 order had not directed for conducting polygraph test on Tytler, it does not imply thatCBI’shands aretiesin this regard,” it said.

The court also agreed with advocates Kamna Vohra and Prabhsahay Kaur, who represente­d the complainan­t victim, and refused to take on record a compilatio­n placed by Tytler’s counsel on the history of the case, saying it was irrelevant at this stage.

The case pertains to the riot sat Gurud war aPul bang ash in North Delhi where three people were killed on November1, 1984, a day after the assassinat­ion of then Prime Minister Indira Gandhi. Ty tl er, who has denied any role in the riots, was given clean chit by the CBI thrice in the case, but the agency was directed by the court to further investigat­e the matter. The victims had filed a protest petition challengin­g the CBI’s closure reports in the case.

The court had in December 2015 directed the CBI to further investigat­e the matter and said it would monitor the probe every two months to ensure that no

 ??  ?? Jagdish Tytler
Jagdish Tytler

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