NEW DELHI: A Delhi Court on Friday granted anticipatory bail to senior Congress leader Jagdish Tytler in the 1984 anti-Sikh riots.
The case relates to the Pul Bangash killings during the riots that broke out following the assassination of then Prime Minister Indira Gandhi.
Additional Sessions Judge (ASJ) Vikas Dhull, while allowing his plea, ordered Tytler to furnish a bail bond of Rs 1 lakh and directed him not to tamper with evidence.
On Wednesday, the court had reserved the order after hearing arguments of Tytler's counsel and the Central Bureau of Investigation (CBI) which is probing the case.
Opposing the Congress leader's plea during the hearing, CBI argued the witnesses in the case have come forward to depose showing great courage, and the possibility of influencing them cannot be ruled out. "As per the statements of new witnesses, prima facie the role of Jagdish Tytler appears," the CBI argued.
Last week, Additional Chief Metropolitan Magistrate Vidhi Gupta Anand summoned Tytler on August 5 for further proceedings in the CBI case following which the anticipatory bail plea was moved.
On Tuesday, the court issued notice to the CBI, directing the agency to file its reply and arguments by Wednesday.
As per the timeline of the case, no action was recommended against Tytler in the chargesheets filed on September 28, the first Supplementary Report on March 27, 2009, Second Supplementary Report submitted on December 24, 2014.
However, the prosecution of Tyter was recommended in the third Supplementary report filed by the probe agency on June 2, 2023.
The case goes back to four decades ago on November 1, 1984, when three persons--Badal Singh, Sardar Thakur Singh, and Gurbachan Singh were allegedly burnt to death in the area near Gurudwara Pul Bangah.
On September 28, 2007, a chargesheet was filed by CBI. However, with respect to Jagdish Tytler it was stated that no material
evidence was found.
What followed in the next decade and a half was filing of a series of closure reports by the CBI with respect to Accused Jagdish Tytler and opposing Protest Petitions filed by victim Lakhwinder Kaur, widow of deceased Badal Singh.
CBI earlier submitted statements of the eye-witnesses mentioned in the supplementary chargesheet stating that during the further investigation, they have specifically stated seeing the Accused at the spot of the incident whereby he was leading and inciting the mob carrying deadly weapons which committed the alleged offences.
The court had taken cognisance of the CBI's charge sheet against Tyter which was filed on May 20 under 148 IPC (rioting armed with deadly weapon), 153 A (promoting enmity between different groups) , and IPC 188 which imposes punishment on a person who disobeys an order which is promulgated by a public servant.
Offences under 147 (Punishment for rioting) 149 (unlawful assembly) 109 (abetment) r/w 302 (murder), 295, (damage to place of worship) 427 (mischief loss or damage to the amount of fifty rupees or upward) 436 IPC (mischief by fire or explosives) for which cognizance has already been taken by the court.