statesman news service
New Delhi, 12 July 
The Supreme Court today refused to entertain Congress leader Mr Jagdish Tytler’s plea seeking a stay on an order of the trial court, directing the CBI to conduct further probe into his alleged role in a 1984 anti-Sikh riots case.
A Bench headed by Mr Justice P Sathasivam said the apex court should not interfere in the matter at this stage as the case is pending in Delhi High Court which is scheduled to hear it on 18 September.
Sensing the mood of the Bench, senior advocate Mukul Rohatgi agreed to withdraw the petition which was allowed by the court.
The High Court had refused to stay the probe saying: “Only investigation is ordered and this court will not stop the investigation.”
Mr Tytler had, on 30 May, moved the High Court challenging the trial court order, setting aside the CBI’s closure report giving him a clean chit in the 29-year-old case and directing the probe agency to examine eye-witnesses and people claiming to have information about the riots.
According to PTI, Mr Tytler, in his plea before the High Court, had said 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 on which witness it should examine, he had said. The trial court’s order of further investigation had come on a plea by the riot victims against the CBI giving a clean chit to Mr Tytler and filing the closure report.
The CBI had sought dismissal of a plea filed by a victim before the trial court, saying the probe has made it clear that Mr Tytler was not present on 1 November, 1984 at Gurudwara Pulbangash in north Delhi where three people were killed during the riots in the aftermath of assassination of the then Prime Minister Indira Gandhi.  Mr Tytler’s alleged role in the case was re-investigated by the CBI after the magistrate court had, in December 2007, refused to accept its closure report.
The CBI had again given a clean chit to Mr Tytler on 2 April, 2009, claiming lack of evidence against him in the case. On 27 April, 2010, the magistrate accepted CBI’s closure report in the case against Mr Tytler, saying there was no evidence to put him on trial.