New Delhi [India]: The Rouse Avenue Court on Wednesday reserved the order on anticipatory bail moved by Congress Leader Jagdish Tytler in the case of killings in the Pul Bangash area in the 1984 anti-Sikh riots case.
The Special Judge Vikas Dhull, after conclusion of the submissions made by all parties, decided to reserve the order and fixed August 4 for pronouncement of order.
During the hearing, the CBI, through Public Prosecutor Amit Jindal, opposed Jagdish Tytler’s anticipatory bail plea and said the witnesses have come forward showing great courage and the possibility of influencing them cannot be ruled out.
CBI said as per the statement of new witnesses, prima facie, the role of Jagdish Tytler appears. CBI said that the case is decided on the basis of merit, now relief cannot be sought on the basis of doubt.
Senior Advocate HS Phoolka, who appeared for the victims, said this is the first such case in the country where the closure report was filed three times and the court rejected it every time.
Phoolka said the court will decide on the edge of merit in the case, on whether the maximum death sentence should be given or not, adding that it is a matter of trial.
Phoolka said this is not just a case of killing of 3 Sikhs, but is related to the massacre of Sikhs. He added that 3000 people were killed in broad daylight in Delhi and people, who raped and killed Sikh women, were honored.
Phoolka added that the same pattern of killings that took place during partition at the time of independence was also seen during the anti-Sikh riots, as well as in Gujarat, Muzaffarnagar and other places. Not only the witnesses but the lawyers, too, were threatened in the case, added Phoolka.
During the arguments, Tytler’s awyer Manu Sharma said the exact time of the incident (riots) was never ascertained by the probe agency.
After the report of the Nanavati Commission, the CBI started the investigation in the case. Delhi Police twice and CBI once said nothing was found against Tytler and the CBI had also filed a closure report in the case.
Tytler’s lawyer also submitted that the CBI filed a closure report several times in the case and opposed the protest petition as well. He said the CBI had given a clean chit by filing a chargesheet in 2007 and 2014.
Tytler’s lawyer said CBI filed a charge sheet in May 2023 and made me an accused. Tytler’s lawyer said that in this case, witnesses have come forward after four decades… it has to be seen what the investigating agency has done earlier.
Claiming that his client, Tytler, was not a flight risk, his lawyer said, “He is 79 years of age and has medical issues. He has many health problems.
He has undergone a bypass surgery and has also been twice afflicted by Covid-19. He is also not of sound mental health,” his lawyer said.
Tytler on Tuesday moved his anticipatory bail plea in the Delhi Rouse Avenue Court in connection with the killings in the Pul Bangash area in 1984.
The Magistrate Court last week issued summons to the Congress leader after taking cognizance of the supplementary chargesheet filed by the CBI against him and directed him to appear before the court on August 5.
The court also took on record the FSL report containing a voice sample analysis of Tytler.
In the same matter, earlier, Phoolka said it is a case of genocide and the victims are waiting for justice for the last 39 years. Evidence was always there in this case, he affirmed.
The CBI recently filed a supplementary chargesheet against Tytler in Delhi’s Rouse Avenue Court on May 20. This case pertains to the killing of three persons in Pul Bangash area on November 1, 1984.
The CBI, on May 20, filed a chargesheet against Congress leader Jagdish Tytler in a case related to the 1984 riots, which followed the assassination of then Prime Minister Indira Gandhi on October 31, 1984.
Tytler was 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 to inquire into the incidents around the anti-Sikh riots in 1984.
After consideration of the Commission’s report, the Ministry of Home Affairs (Government of India) issued directions to CBI to investigate the case against the Congress leaders and others.
During the CBI investigation, evidence 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, resulting in the arsoning of Gurudwara Pul Bangash and the killing of three Sikh persons by the mob, apart from burning and looting of shops.
