Anti-Sikh Riots: Delhi court adjourns hearing after Counsel for Jagdish Tytler says documents not provided

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A Delhi court on Tuesday deferred hearing till December 18 on arguments over framing of charges against Congress leader Jagdish Tytler in the case registered by the Central Bureau of Investigation (CBI) in connection with the killings that took place at Pul Bangash area during the anti-Sikh riots in 1984

The Counsel appearing for Tytler sought adjournment on the grounds that the certified copy for all the documents has not been supplied by the copying agency.

On August 4, Special Judge Vikas Dhull of Rouse Avenue Courts had granted bail to Tytler on a personal bond of Rs one lakh and surety of the like amount, after taking into account his cooperation in the investigation.

The court took cognisance of the supplementary charge sheet filed by the Central Bureau of Investigation (CBI() against Tyler in May this year.

It noted that neither Delhi Police nor CBI chargesheeted Tytler initially. Later, CBI chargesheeted the Congress leader without arresting him. Further, CBI did not recommend any action against the accused in the first supplementary report filed in March 2009 and second supplementary final report filed in December 2014, the Judge pointed out.

The judge also took in account the fact that two eyewitnesses recorded their statements after a gap of around 40 years.

The court directed the accused to refrain from making any attempt to either threaten or intimidate any of the witnesses. He was further told not to contact any of the witnesses till the conclusion of trial.

Special Judge Dhull directed the Additional Chief Metropolitan Magistrate at Rouse Avenue Court to grant bail to Tytler on a personal bond of Rs one lakh and surety of the like amount.

Earlier on July 26, Additional Chief Metropolitan Magistrate Vidhi Gupta Anand of Rouse Avenue Courts had summoned Tytler to appear before it on August 5 in connection with the Pul Bangash killings.

Taking cognisance of a charge sheet filed by the Central Bureau of Investigation (CBI), the ACMM passed the orders.

The national agency had filed the charge sheet in the case on May 20 against Tytler in the anti-Sikh riots case of 1984, alleging that he “incited, instigated and provoked the mob” that assembled at the Delhi’s Pul Bangash area on November 1, 1984, leading to the killing of three Sikhs.

Filing the charge sheet before the Chief Metropolitan Magistrate at the Rouse Avenue District Court, the national agency said it had registered an instant case on November 22, 2005 over the Pul Bangash violence, which led to burning of the Gurudwara Pul Bangash at Azad Market in Bara Hindu Rao area of Delhi and killing of three Sikhs, apart from burning and looting of shops in the vicinity.

CBI had collected Tytler’s voice samples in April in connection with the 39-year-old case.

The former Member of Parliament (MP) had dismissed the case against him when he was called for voice sample collection. Tytler had reportedly said that he was ‘prepared’ to ‘hang’ himself, if the agency found any evidence against him.

The national agency said that it has invoked charges of rioting and murder under the Indian Penal Code (IPC), among others, against Tytler. The court will consider the charges soon , it added.

At least 3,000 people, including mostly those belonging to the Sikh community, were killed in the riots that followed the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984 after her controversial ‘Operation Blue Star’.

Justice Nanavati Commission of Inquiry was set up in 2000 by the Government of India to enquire into the incidents of anti-Sikh riots. 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 Tytler and others.

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