A Delhi court said on Wednesday that Congress leader Jagdish Tytler would not undergo a polygraph test in connection with the 1984 riots without his consent.
The court however allowed the Central Bureau of Investigation to conduct the test on arms dealer Abhishek Verma, a witness in the case.
The court also ordered Delhi police to provide Verma round-the-clock protection until he underwent the test, and allowed advocate Maninder Singh, Verma’s counsel, to be present.
The test will be conducted at an independent place. The Central Bureau of Investigation must submit a report to the court on August 1 about when and where it would be conducted.
While Tytler refused to take the test, Verma agreed provided he was given protection. He claimed he feared for his life.
The CBI's asked the court permission to conduct the test on both Tytler and Verma after the court said on December 4, 2015, that it was willing to allow it.
The case the court is hearing pertains to riots at Gurudwara Pulbangash in North Delhi in which three people were killed on November 1, 1984, a day after the assassination of then Prime Minister Indira Gandhi.
The CBI has cleared Tytler of all charges thrice so far for want of evidence, but the court had asked the CBI to reinvestigate the case in December 2015 after victims had filed a protest petition contesting its closure reports. The court also asked the agency to report its progress every two months.
The agency was asked to reinvestigate the killing of Badal Singh, Thakur Singh and Gurcharan Singh near the gurudwara after a court refused to accept its closure report in December 2007.
The CBI has filed three closure reports in the case.