Congress leader Jagdish Tytler on Thursday moved Delhi High Court against the trial court's order for reopening of investigation against him in a 29-year-old anti-Sikh riots case in which three persons were killed.
Tytler has challenged the trial court order setting aside the CBI's closure report giving him clean chit in the case. The appeal is likely to be listed on Friday for hearing. 'The trial court order is contrary to the scheme of code of CrPC. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency that which witness should be examined by it,' he said in the petition.
'The settled position of law is that a direction for investigation can be given only if an offence is prima facie found to have been committed or a person's involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given,' he said and pleaded with the High Court to quash the trial court order.
Tytler has challenged the trial court order setting aside the CBI's closure report giving him clean chit in the case. The appeal is likely to be listed on Friday for hearing. 'The trial court order is contrary to the scheme of code of CrPC. The method and mode of investigation by a probe agency is the absolute prerogative of the agency and it is not for the court to direct the agency that which witness should be examined by it,' he said in the petition.
'The settled position of law is that a direction for investigation can be given only if an offence is prima facie found to have been committed or a person's involvement is prime facie established but direction to investigate whether any person has committed an offence or not cannot be legally given,' he said and pleaded with the High Court to quash the trial court order.