NEW DELHI: A Delhi court on Monday sent a CBI case against Congress leader and former Union Minister Jagdish Tytler which is allegedly related to 1984 anti-Sikh riots, to the district judge for further proceedings.
The Central Bureau of Investigation (CBI)-registered a case against the Congress senior leader in relation to the killing of three persons near Gurudwara Pul Bangah during the anti-Sikh riots that broke out following the assassination of former Prime Minister Indira Gandhi nearly four decades ago.
Additional Chief Metropolitan Magistrate Vidhi Gupta Anand noted that the charge sheet filed against Tyter under 302 (Punishment for murder) and 436 (Mischief by fire or explosive substance with intent to destroy house) IPC are "exclusively triable" by a Sessions Court.
Accordingly, the matter was committed to the Principal District & Sessions Judge-cum-Special Judge at Rouse Avenue Court in the city on September 18 while Tyter was then directed to be present before the court.
Notably, the offence entails a maximum punishment of the death penalty in the rarest of rare cases.
It was also noted by the judge that the copies of documents that have been relied upon in the case have already been provided to Tytler besides a list of unrelied documents.
"Accused is at liberty to move a necessary application before Ld. Sessions Court for seeking any further documents as deemed necessary," it was ordered further.
On July 26, the court took cognisance of the CBI's charge sheet 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 the 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.
On August 4, however, the Sessions Court allowed anticipatory bail to Tyter and he has furnished Bail Bonds and Surety Bonds on August 5.
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.
After the completion of investigation by Delhi Police, a chargesheet was filed against 31 Accused persons, who were acquitted by a trial court on April 10, 1992.
However, in due course of time, the Central Government in a notification issued on May 8, 2000, appointed Justice Nanavati Commission of Inquiry to submit its report on the 1984 Anti-Sikh Riots. The commission submitted its report on February 9, 2005, and upon its recommendations, the Central Government directed CBI to conduct an investigation/re-investigation of the present case against Jagdish Tytler and others and accordingly, the case was registered with CBI on November 22, 2005, and an investigation was initiated.
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 the 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.