The court had earlier reserved its order on whether to direct further investigation into a case related to the role of Tytler in the case. Badal Singh, Thakur Singh and Gurcharan Singh had been killed during the riots on November 1 following the assassination of former Prime Minister Indira Gandhi. The CBI in its closure report had stated that Tytler was not present near the gurdwara on November 1 but was at the Teen Murti Bhawan to pay respects to Indira Gandhi's body.
CBI prosecutor Sanjay Kumar had argued the witnesses were "planted and tainted". "Names of Resham Singh, Chanchal Singh and Alam Singh never came up in the statements of any of the witnesses till 2008. "Their names were inserted in Surinder's statement later on to create false evidence against Tytler," Kumar had said. Surinder Singh is an eyewitness in the case. Senior advocate H S Phoolka, who is defending Lakhwinder Kaur, had countered CBI's submissions saying there was material evidence which had been ignored by the court and the agency. "The CBI had time to examine Tytler's driver, who had deposed in his favour, but they had no time to record the statement of the witnesses who had seen Tytler at the spot of incident. Are they (CBI) investigating on the command of Tytler?" Phoolka had said.
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