Senior advocate H S Phoolka has written to the Prime Minister stating that the Central Bureau of Investigation is protecting Jagdish Tytler. The advocate who was instrumental in re-opening the investigation into the 1984 Sikh riots case said that the CBI should subject Tytler to custodial interrogation.
Phoolka wrote, "During the court hearing in Karkardooma courts, the investigating officer called one of the prime witnesses against Tytler a 'blackmailer'. The statement of witnesses, who gave evidence against Tytler, are not being recorded before the magistrate under section 164 of The Criminal Procedure Code, whereas the statement of witnesses, who gave statements in favour of Tytler, were duly recorded by CBI." He has also alleged that CBI was not recording statements of select witnesses and has thereby established a case of 'preferential treatment'.
"The court has also asked CBI why statements of 22 witnesses, who are nearly 85 years old, should not be recorded under section 164 CRPC. To this, the CBI had stated that it was their discretion. The CBI's stand, openly favouring the accused in a case relating to a mass massacre, is not acceptable. The CBI is also intentionally delaying the lie detector test of Abhishek Verma, in spite of Verma's consent and willingness to undergo the test, as it is likely to go against Jagdish Tytler," the letter further states.