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Delhi Court reserves order against Jagdish Tytler in 1984 anti-Sikh riots

Delhi Court reserves order on framing charges against Congress Leader Jagdish Tytler in 1984 anti-Sikh riots case, where three people were killed

Senior Congress leader Jagdish Tytler arrives at the AICC HQ after party's victory in Karnataka assembly elections, in New Delhi on Saturday.  (Photo: ANI)

Senior Congress leader Jagdish Tytler (Photo: ANI)

Vasudha Mukherjee New Delhi

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A Delhi court on Friday reserved its decision on framing charges against Congress leader Jagdish Tytler in connection with an anti-Sikh riots case, where three individuals were killed. Special judge for Central Bureau of Investigation (CBI) cases, Rakesh Siyal, reserved the order after hearing arguments from the counsel representing the central probe agency and the defense.

The CBI, citing a witness in its charge sheet, alleged that Tytler exited a white Ambassador car in front of Gurudwara Pul Bangash on November 1, 1984, and incited a mob to kill Sikhs. Tytler, a former Union minister, allegedly told the mob, “Kill the Sikhs, they have killed our mother,” which led to the killing of three people.
 

The anti-Sikh riots erupted in several parts of India following the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984.
 
In August last year, a sessions court granted anticipatory bail to Tytler in this case, with conditions including that he must not tamper with evidence or leave the country without the court’s permission. The central agency has invoked charges under Sections 147 (rioting), 109 (abetment of an offense) read with 302 (murder) of the Indian Penal Code (IPC), among others, against Tytler.

Background of the case

In 2000, the Justice Nanavati Commission of Inquiry was established by the Government of India to investigate the incidents of the 1984 anti-Sikh riots in Delhi. Based on the commission's report, the Ministry of Home Affairs directed the CBI to investigate the case against Tytler, then a Member of Parliament, among others.

During the investigation, evidence emerged that on November 1, 1984, Tytler allegedly instigated, incited, and provoked a mob at Gurudwara Pul Bangash in Azad Market, Delhi. This led to the burning of the Gurudwara and the killing of three Sikh men, along with the burning and looting of shops.

In December 2015, a Delhi court ordered a fresh probe against Tytler in the 1984 anti-Sikh riots, rejecting the CBI’s earlier clean chit. Additional Chief Metropolitan Magistrate SPS Laler refused to accept the CBI’s closure report and directed further investigation into Tytler’s role in the riots. The CBI had previously said that Tytler was not involved in the attack on Gurudwara Pulbangash and sought dismissal of the victim’s plea.

On May 20, 2023, the CBI filed a supplementary charge sheet against Tytler. He appeared before the court on August 5 in response to the summons issued after the court took cognizance of the supplementary charge sheet. Tytler was granted anticipatory bail on August 4, 2023, after a hearing on his bail application.
 
The CBI registered the case in November 2005, investigating the incident at Gurudwara Pul Bangash, where three Sikh men — Sardar Thakur Singh, Badal Singh, and Gurcharan Singh — were burned to death by a mob on November 1, 1984.

In October 2023, Delhi Lieutenant Governor V K Saxena authorised an appeal in the Supreme Court against the Delhi High Court’s acquittal of 12 murder accused in an anti-Sikh riots-related case, where eight individuals were killed and one injured in Nangloi, West Delhi. The appeal aims to challenge the August 9, 2023, High Court judgment, which dismissed the state's appeal due to an unexplained 27-year delay in filing. Saxena noted that the High Court did not consider the case’s merits, dismissing it solely based on the delay in filing the appeal.
 
The court is expected to pronounce its order on August 2.

(With inputs from agencies)

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First Published: Jul 19 2024 | 5:59 PM IST

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