Anti-Sikh riots case: Delhi HC judge recuses himself from hearing Tytler's plea(Update/Anti-Sikh Riots/Tytler)

New Delhi, May 31 (ANI): A judge of the Delhi High Court on Friday recused himself from hearing an appeal filed by Congress leader Jagdish Tytler that challenged a trial court order to reopen a 1984 anti-Sikh riots case against him.

Justice Kailash Gambhir offered no reason for recusing himself from the case.

The case will now come up for hearing before another judge on July 3.

On April 10, a trial court had ordered the case be reopened against Tytler and also set aside the Central Bureau of Investigation's (CBI) closure report, which gave the Delhi Congress leader a clean chit on the grounds that there was "no evidence" against him.

In filing his appeal before the Delhi High Court, Tytler said: "The trial court order is contrary to the Criminal Procedure Code. The method and mode of investigation by a probe agency is the absolute prerogative of the agency. It is not for the court to direct the agency about which witness should be examined by it."

He further said: "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."

The trial court's order came on a plea filed by a riot victim, who sought further probe into the killing of three people near Gurdwara Pul Bangash in old Delhi.

Tytler is accused of instigating a mob that led to the murder of three men who had taken shelter at the gurdwara November 1, 1984, a day after the assassination of former prime minister Indira Gandhi.(ANI)

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