No lie-detection test on Tytler for want of consent: Court
NEW DELHI: A Delhi court on Wednesday said Congress leader Jagdish Tytler, who has thrice been given a clean chit by the CBI in a 1984 anti-Sikh riots case, cannot be subjected to lie-detection test for want of his consent.
However, it said, the Central Bureau of Investigation (CBI) can conduct the polygraph test on controversial arms dealer Abhishek Verma, a witness in the case, as he consented to it.
Additional chief metropolitan magistrate Shivali Sharma directed the deputy commissioner of Delhi Police to provide round-the-clock security to Verma till the time he undergoes the test, after which the threat perception would be re-assessed.
The court also allowed advocate Maninder Singh, who appeared for Verma, to remain present during the test.
It said the polygraph test should be conducted at an independent place and asked the CBI investigating officer (IO) to file a report on August 1, informing it as to when and where the agency proposed to conduct it. The court also asked the IO to inform it of places where the facilities to conduct the test are available.
During the hearing, the court recorded Verma’s statement giving consent to the test, in which he endorsed his earlier statement given to the CBI against Tytler.
While Tytler has refused to undergo the polygraph test, Verma gave conditional consent, saying he is ready to undergo the test if provided with round-theclock security, as he fears threats to his life.
Verma, however, has agreed to the suggestion given by senior advocate HS Phoolka, who has been representing the victims, in the court that he be given roundthe-clock security till he undergoes polygraph test, after which the threat perception would be re-assessed.
The CBI’s IO also said they have no problem if Verma is provided security.
The CBI’s move seeking permission to conduct the polygraph test on Tytler and Verma came after the court’s December 4, 2015, order in which it was mentioned that such a test may be conducted, if required.
The case pertains to the riots at Gurdwara Pulbangash in North Delhi where three people were killed on November 1, 1984, a day after the assassination of then Prime Minister Indira Gandhi.
The CBI had reinvestigated the case of killing of Badal Singh, Thakur Singh and Gurcharan Singh near the gurdwara after a court in December 2007 refused to accept its closure report. The CBI has filed three closure reports in the case.
COURT ALLOWS CBI TO CONDUCT THE TEST ON ARMS DEALER ABHISHEK VERMA AND DIRECTED POLICE TO PROVIDE ROUNDTHECLOCK SECURITY TO HIM