The move has invited strong criticism from Jasbir Singh’s counsel, Navkiran Singh, a human rights advocate of the Punjab High Court, who has accused the CBI of bending under pressure exerted by Tytler. Navkiran Singh, while insisting that the presence of the witness would jeopardise his safety, alleged the CBI was working with a plan to ensure that Tytler goes scot-free. “The CBI’s adamant attitude over asking the witness to depose before it, despite the law providing an option for recording of the statement of witnesses in an outside court, is suspicious,” he said. Singh said Jasbir Singh and his family are still under threat and the prosecuting agency should bear this in mind.

The CBI notice came after Jasbir Singh and his two counsels wrote to the CBI on December 24, asking for the recording of his statement in a US court. As Jasbir Singh’s plea now appears to have been turned down, Navkiran Singh, while addressing media persons this afternoon, cited Section 166A (1) of the CrPC, under which Jasbir Singh can depose before an outside court for the recording of his statement.

On December 6, 2007, Jasbir Singh, whom the CBI had declared as untraceable, made an application before the court through his counsel that he was ready to depose before the court as a witness against Tytler. The Delhi court on December 18 ordered further investigations into the case and directed the CBI to record Jasbir Singh’s statement. The case will now come up for hearing on January 16.

In the notice, the CBI has stated that Jasbir Singh “needs to be examined in depth and is also required to point out the place in the Outram Lane area where he had overheard the accused instigating a mob”.