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Jasbir Singh, while giving his California address to the court, cited difficulties in flying down to India at this stage, prompting the court to ask CBI about its suggestions on options available for recording his statement.
The CBI, however, told Additional Chief Metropolitan Magistrate Sanjeev Jain that it would prefer recording his statement in person to establish his identity.
The court also directed Jasbir's counsel Navkiran Singh to tell how the witness could join the investigation in the case.
Both the parties would provide their replies on December 18.
Senior counsel for Sikh organisations -- Delhi Sikh Gurdwara Management Committee and November '84 Carnage Justice Committee -- H S Phoolka told the court that Jasbir does not have a permanent resident status in the US due to which his visit to India would involve immigration problems.
He, however, added that a possible solution could be to record his testimony through video-conferencing held from the Indian Embassy in San Francisco.
Jasbir, who was declared untraced by the CBI which sought closure of the case against Tytler, had told the Nanavati Commission on August 31, 2000 that ‘he had overheard Tytler rebuking his men on the night of November 3, 1984 for nominal killing of Sikhs in his constituency’.
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