NEW DELHI: A Delhi court on Wednesday summoned Congress leader Jagdish Tytler on August 5 in connection with the Pul Bangash killings during the 1984 anti-Sikh riots that broke out after a day following the assassination of then Prime Minister Indira Gandhi.
"Let Accused Jagdish Tytler be summoned through IO/HIO (Investigating officer) concerned for the next date of hearing," Additional Chief Metropolitan Magistrate Vidhi Gupta Anand said while posting the matter for further proceedings on August 5 at 12 PM.
As per the timeline mentioned in the court order, 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 Tytler was recommended in the third Supplementary report filed by the probe agency on June 2, 2023.
The Public Prosecutor, on behalf of CBI, 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.
He also submitted that at the time of the commission of the alleged offences by the Accused, restrictions under section 144 Cr.P.C. were in force which were blatantly violated, the court noted.
Further, the court also 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 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?
Genesis of the Case
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 Bangash in the national capital.
After completion of investigation by Delhi Police, a chargesheet was filed against 31 accused, 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 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.
In the dock