New Delhi [India]: The Rouse Avenue Court on Saturday accepted the bail bond of Congress leader Jagdish Tytler in the case of killings in the Pul Bangash area in 1984 during the anti-Sikh Riots. The Sessions Court of Rouse Avenue Court on Friday granted anticipatory bail to Jagdish Tytler in the case.
While the proceeding was going on in the court, Members of the Delhi Sikh Gurdwara Management Committee (DSGMC) staged a sit-in protest outside the Court against its decision of granting bail to Tytler and raised slogans against him.
Protesting members demanded the cancellation of bail granted to Jagdish Tytler and prosecution of him under severe sections of the Indian Penal Code.
During the protest, a minor scuffle also broke out between members of the DSGMC and Delhi Police personnel outside the court after the entry gate of the courtroom was closed for security reasons.
During the Court proceeding on Saturday, the Additional Chief Metropolitan Magistrate Vidhi Gupta Anand accepted the bail bond of Jagdish Tytler, who was granted anticipatory bail on Friday on one lac bail bond and like amount surety.
Meanwhile, the Court also directed CBI to supply a charge sheet to Jagdish Tytler and listed the matter for scrutiny of a supplementary charge sheet against Jagdish Tytler. The next date of hearing is August 11, 2023.
During the arguments on bail, CBI through Public Prosecutor Amit Jindal had 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 that 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 victims said that this is the first such case in the country where three times a closure report was filed and three times the court rejected the closure report.
Phoolka said that the court will decide on the edge of merit in the case, whether the maximum death sentence should be given or not, it is a matter of trial.
HS Phoolka said that this is not just a case of the killing of 3 Sikhs, it is a case related to the massacre of Sikhs. HS Phoolka said that 3000 people were killed in broad daylight in Delhi. HS Phoolka said that people who raped and killed Sikh women were honoured, that’s why we are all seeing what is happening in Manipur today.
HS Phoolka said that the same pattern of killings that took place during partition at the time of independence was also seen in Sikh riots, Gujarat, Muzaffarnagar, and other places. Not only the witnesses but the lawyers were also threatened in the case added the Lawyer HS Phoolka.
During arguments, Tytler Lawyer Manu Sharma submitted that the incident of 1984, a day after Gandhi was assassinated. The exact time of the incident was never ascertained by the probe agency. It’s a sorry incident for our nation it’s unpardonable.
After the report of the Nanavati Commission, the CBI started the investigation into the case.
Delhi Police twice and CBI once said nothing was found against Tytler. CBI had filed a closure report in the case after that CBI filed a charge sheet against me on the basis of statements of some new witnesses 11 months before the Lok Sabha elections, he added.
Tytler’s lawyer also submitted that CBI filed a closure report several times in the case and opposed the protest petition too. Tytler’s lawyer said CBI had given a clean chit by filing a charge sheet in 2007, 2014.
Tytler’s lawyer said CBI filed a charge sheet in May 2023 and made him 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.
CBI did not arrest him during the entire investigation. Whether Tytler ever not cooperated in the investigation and whether he ever influenced any witness.”
“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 further.
Congress Leader Jagdish Tytler on Tuesday moved his anticipatory bail plea in the Delhi Rouse Avenue Court in the case of killings in the Pul Bangash area in 1984.
