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1984 Anti-Sikh riots: Delhi Court grants CBI time to take instructions on complaint for violation of public servant’s order

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New Delhi [India]: The Rouse Avenue Court on Friday granted time to the Central Bureau of Investigation (CBI) to take instructions on the issue of bringing complaint under section 195 CrPC filed by a public servant for violation of his orders by the accused.

The court has adjourned the matter till July 26. The court was considering the supplementary chargesheet against Congress leader Jagdish Tytler. A supplementary chargesheet has been filed by the CBI in the case of killings in Pul Bangash area in 1984.

The prosecutor for CBI informed the court that the public servant who issued prohibitory orders has expired in 2014.

Additional chief Metropolitan Magistrate (ACMM) Vidhi Gupta Anand said, “I am not going into this. You tell whether you are bringing the complaint or not. If you bring the complaint, then I will take the cognizance of section 188 (violation of order issued by public servant) IPC.”

The court asked the prosecutor to take instructions.

After discussing with the senior officials, CBI prosecutor sought one week time to take instructions.

Thereafter, the court adjourned the matter till the Next date.

On the last date of hearing on July 19, the court had said that as the CBI has added section 188 (Violation of order issued by the public servant), therefore it required to place the complaint under Section 195 CrPC by that public servant.

The court had said it is required to take cognizance of the chargesheet.

“Either you (CBI) bring the complaint or drop the section 188 IPC from the charge sheet,” the court had said.

The court had asked the CBI’s counsel to discuss the issue with the department and inform it accordingly.
The judge said that I have gone through the supplementary charge sheet, three sections 153 A, 148 and 188 IPC have been added in the supplementary charge sheet, said the court. Sanction for section 153 A is there.

On July 7, the Court reserved order on Cognizance of the supplementary charge sheet against Jagdish Tytler.

The Court has received the trial court records from Karkardooma Court. Seven files have been received.
Public prosecutor for the CBI briefed the court and had submitted that there is sufficient evidence to take Cognizance and issue summon to the accused.

CBI prosecutor said that there are witnesses who saw Tytler in the riot inciting the mob. He also said another witness also saw Tytler inciting mob during riots.

CBI said that 153 A (promoting enmity between the religious groups) 295 and 302 and offence related to rioting are made out against the accused.

An eye witness Surender Singh who gave statement, has expired in 2008-09. There are two statement under 164 Cr. P.C. in the matter. On the basis of this material summon can be issued to accused , CBI Prosecutor submitted.

During the hearing, Senior advocate HS Phoolka for riots victims had said that it is a case of genocide and victims are waiting for justice for last 39 years. Evidence was always there in this case

We are glad that the CBI is on the right track now, Phoolka had said before the court.
The CBI has recently filed a supplementary charge sheet against former Union Minister and Congress leader Jagdish Tytler. This matter is at the stage of consideration on the charge sheet.

ACMM Vidhi Gupta Anand had summoned the trial court records related to this case from Karkardooma Court.

The CBI on Thursday informed the court that a reminder has been sent to the FSL to expedite the process of forensic examination of voice sample of Jagdish Tytler.

The court had asked the CBI to expedite the process to obtain the FSL report of voice sample of Jagdish Tytler.

The CBI filed the charge sheet on May 20 in Rouse Avenue Court. This case is connected with the killing of three persons in Pul Bangash area on November 1, 1984.

The Central Bureau of Investigation on May 20 filed charge-sheet against Congress leader Jagdish Tytler in a case related to anti-Sikh riots in 1984 following the assassination of then Prime Minister of India, on 31 October 1984.

Congress leader Jagdish Tytler, then Member of Parliament has been named as accused in the chargesheet.

In a statement, CBI mentioned that the agency had registered the instant case in November 2005 on an incident wherein Gurudwara Pul Bangash at Azad Market, Bara Hindu Rao, Delhi was set on fire by a mob and three persons namely Sardar Thakur Singh, Badal Singh and Gurcharan Singh were burnt to death on November 1, 1984 near Gurudwara Pul Bangash.

Justice Nanavati Commission of Inquiry was set up in the year 2000 by the Government of India to enquire into the incidents of anti-Sikh riots of the year 1984 in Delhi.

After consideration of the Commission’s report, Ministry of Home Affairs (Government of India) issued directions to CBI to investigate the case against then Member of Parliament and others.

During CBI investigation, evidences came on record that on November 1, 1984, the said accused allegedly instigated, incited and provoked the mob assembled at Gurudwara Pul Bangash at Azad Market, Delhi which resulted in burning of Gurudwara Pul Bangash and killing of three Sikh persons by the mob, apart from burning and looting of shops.

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