Appearing for CBI, Additional Solicitor General P P Malhotra told Justice Sanjay Kishan Kaul that Singh had never appeared before the agency to prove his credentials so it would be difficult to record his statement through video conferencing.

Malhotra also informed the court that CBI would not file a closure report till the disposal of petition in Delhi.

The court, taking his contention into account, now issued notice to the CBI and fixed February 27 for further hearing on the matter.

California-based Singh had moved the court on Friday seeking direction to the CBI that his statement be recorded in an American court.

Singh, who was earlier declared untraceable by the CBI, had sought quashing of a notice issued by the investigating agency asking him to come to the country and give his statement in the matter.

The CBI, following a trial court order directing it to re-investigate Tytler's role in the case, had issued notice to Singh on January two under section 160 of the CrPC, which empowers the probe agency to seek presence of a witness.

The CBI should have moved under section 166A (1)(which allows non-resident Indian to testify in foreign courts on the request of probe agency) and not under section 160 of the CrPC, the petition had alleged.

Singh had also submitted that till the decision on his petition, the proceedings in the trial court be stayed and the CBI be restrained from closing the probe in the case.

In an affidavit before Nanavati Commission which inquired into the anti-Sikh riots, the witness had stated that on November 3, 1984 he had overheard Tytler rebuking his men for nominal killing of Sikhs in his constituency.

Singh, in his correspondence to CBI through e-mails which had been annexed with the petition, had expressed his willingness to help the probe agency by recording his statement in the US, it alleged.

A city court on December 18, last year had rejected the CBI's report seeking closure of the riot case against Tytler directing the agency to re-investigate it.

The CBI had filed a report before the court on September 29, claiming that Jasbir Singh had allegedly heard Tytler inciting a mob to kill Sikhs after the assassination of former Prime Minister Indira Gandhi but his whereabouts could not be located.