The move has invited strong criticism from Jasbir's counsel Navkiran Singh, a human rights advocate practising in the Punjab and Haryana High Court, who has accused the CBI of ducking under pressure being exerted by Tytler.

Navkiran, while insisting that the presence of the witness could put his life at risk, alleged that the CBI was working to ensure that Tytler goes scot-free. "This adamant attitude of the CBI to ask the witness to depose before them, despite the law providing an option to record the statement in another court, raises suspicion,'' he said.

The CBI notice followed after Jasbir and his two counsels wrote to the CBI on December 24 for recording his statement in a USA court. As Jasbir's plea now appears to have been turned down, Navkiran, addressing newspersons this afternoon, cited section 166A (1) of the CrPC, under which his client can depose before an outside court. On December 6, 2007, Jasbir, whom the CBI had declared as untraceable, had filed an application before the court through his counsel, saying that he was ready to depose as a witness against Tytler.

The Delhi court, on December 18, had ordered further investigation in the case and directed the CBI to record the statement of Jasbir. The case will now come up for hearing on January 16.

Navkiran said, "If the CBI continues to press for the presence of the witness, they will move an application before the court on the next date, citing provisions that enable the witness to record his statement in another court."

In the notice, the CBI has stated that Jasbir "needs to be examined in-depth and also required to point out the place in Outram lane area where he had overheard the accused instigating the mob".

Navkiran said Jasbir and his family were facing threats and the prosecuting agency should bear this in mind.