1984 anti-Sikh riots case: Jagdish Tytler gets anticipatory bail from Delhi Court

New Delhi [India], August 4 : The Sessions Court of Rouse Avenue Court on Friday granted anticipatory bail to Congress leader Jagdish Tytler in the case of killings in the Pul Bangash area in 1984.
Special Judge Vikas Dhull granted anticipatory bail to Tytler and asked him to furnish a personal bond of Rs 1 lakh and like amount surety. Court also said that he should not tamper with the evidence.
During the hearing, 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 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 honored, 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 charge sheet in 2007, 2014.
Tytler's lawyer said CBI filed 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. He further said that CBI did not arrest me during the entire investigation. Tytler's lawyer said whether Tytler never cooperated in the investigation and whether he ever influenced any witness.
"My political career is ruined because of it", Lawyer further added, "Tytler is not at flight risk. He is the age of 79 and has medical issues. CBI never arrested me. Several times I have traveled abroad during the investigation. Tytler has many health problems, bypass surgery, angioplasty has been done, diabetes, corona twice, mental health is also a problem...."
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.
The Magistrate Court last week issued a summons to Congress leader Jagdish Tytler after taking cognizance of the supplementary charge sheet filed by the CBI against him and directed him to appear before the court on August 5, 2023.
The court also took on record the FSL report containing a voice sample analysis of Jagdish Tytler.
In the matter earlier, Senior advocate HS Phoolka for riots victims had said that it is a case of genocide and victims are waiting for justice for the last 39 years. Evidence was always there in this case
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.
The CBI filed the supplementary 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 October 31, 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, the Ministry of Home Affairs (Government of India) issued directions to CBI to investigate the case against then Member of Parliament 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 which resulted in the burning of Gurudwara Pul Bangash and killing of three Sikh persons by the mob, apart from burning & looting of shops.