NEW DELHI, May 21: A Delhi court today ordered for fresh examination of Satnami Bai, who had recently retracted her statement accusing former Union Minister, H K L Bhagat, in a murder case relating to the 1984 anti-Sikh riots.

Additional sessions judge, O P Dwivedi, ordered for her examination on July nine, following an application by the prosecution requesting to consider the fresh affidavit by her seeking retraction of her earlier statement which she said had made ``under duress''.

``Satnami Bai's affidavit contradicting her deposition made in the court gives rise to a situation where her reexamination becomes necessary for just decision of the case,'' Dwivedi said in his order.

Dwivedi said, ``The central point of controversy which the court has to decide is whether Bhagat was a part of the mob or instigated the mob, which killed Satnami Bai's husband.''

Satnami Bai, the main complainant in the case, earlier during her examination on November 13 last year, had said she had not seen Bhagat leading the mob during the riots and even refused to recognise the former minister in the court, saying, ``I have not seen him in my life time, so I cannot identify him.''

Satnami Bai on May six filed an affidavit in the court alleging that she was pressurised and threatened by Bhagat and his associates to give evidence according to their wishes otherwise her family would be done away with.The affidavit said that she wanted to clear her conscience by making a fresh statement giving details of circumstances under which she had made her deposition earlier.

However, the defence counsel said Satnami Bai kept quiet for seven months and came with affidavit when Bhagat filed his nomination for parliamentary by-election from east Delhi.

The judge in his order citing a Supreme Court decision said ``The court has inherent power to recall a witness if it is satisfied that he is prepared to give evidence which is materially different from what he had given at the time of the trial.''

Regarding the defence counsel's submission that the affidavit was made when Bhagat filed nominations, the judge said ``No doubt these are weighty arguments but this is not the stage for considering what should be attached to the testimony of Satnami Bai, already recorded or yet to be recorded.''

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.