The investigating agency was responding to Singh’s petition. filed in early January this year, accusing the CBI of forcing him to come to India to depose. Singh had also voiced apprehensions about threats to his life and sought to give his testimony on Tytler’s role through video-conferencing from California in the US, where he is currently based.

The agency, however, ruled such a possibility underlining that Singh’s presence in India was pivotal for the probe to reach a “logical conclusion”.

“Singh’s presence is required to identify the place of the incident, ascertain his own identity and that of other accused persons and for his in-depth examination,” the agency said.

The CBI’s response also made clear reservations against the court’s “interference” in the matter. “It is a settled position that courts refrain from making any comments on the manner in which investigation is on, particularly when the investigation is not complete. Interfering at a premature stage may derail and demoralise the probe,” the CBI stated in its reply filed before Justice S K Kaul.

It also criticised Singh’s family for not co-operating with the investigation by neither providing his current whereabouts or make efforts to produce him for investigation.

Justifying the issuance of notice to Singh on January 1, 2008 in the US, the agency contended that it still remains to be identified in the first place if he was the same person who, before the Nanavati Enquiry Commission, had identified Tytler inciting the mob to carnage on the night of November 3, 1984.