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Synopsis

The CBI, before the Delhi High Court, claimed that "Eight witnesses have claimed that Tytler was present at Gurudwara Pul Bangash; however, he still maintains he was not". CBI made these assertions in a petition filed by Congress leader Jagdish Tytler challenging the order of the Trial Court directing the framing of charges. 

SPP Anupam S Sharma and Advocate Prakarsh Airan, for CBI, argued against the video presented by Mr. Tytler to prove he was at Teen Murti House. However, he CBI asserted that out of 17 minutes, 9 minutes remained unaccounted for. Consequently, the trial court declined to admit the video as evidence.

Additionally, SPP Sharma noted that Mr. Tytler claimed to have been at a party, but when Amitabh Bachchan was questioned, he acknowledged knowing Mr. Tytler but denied seeing him on the day of the incident. 

However, Senior Advocate Arvind Nigam, representing Tytler, contended that the order of the trial court was perverse.

The bench of Justice Manoj Kumar Ohri recorded the submission of the CBI and scheduled the case for November 29, 2024. 

Background: 

The Rouse Avenue Court, on August 30, directed the framing of charges against Tytler for his alleged involvement in the 1984 Anti-Sikh Riots. The court noted that per the evidence Tytler, along with others, formed an unlawful assembly and attacked Gurudwara, resulting in the destruction of the Gurudwara and the deaths of three individuals. 

Special Judge Rakesh Syal noted, “The material on record reveal that when the members of unlawful assembly were attacking Gurudwara Pul Bangash and looting properties of the Sikhs, the accused instigated them to kill Sikhs by saying, “maro maro” (hit, hit) and “Pahle maro phir luto” (hit first, steal later)”. 

 Initial investigations led to a charge sheet against 32 suspects, but CBI probes found insufficient evidence against Tytler despite numerous supplementary reports. Key witnesses, including Harpal Kaur, Harvinderjit Singh, and Abdul Wahid, testified that Tytler incited violence.

Witnesses Kaur and Singh later provided detailed accounts of Tytler’s alleged involvement, which were corroborated by other testimonies and forensic evidence. Despite this, the CBI struggled to substantiate the allegations, and Tytler's prosecution remained pending sanction from the Commissioner of Police.

In August 2023, Special Judge Vikas Dhull granted anticipatory bail to Tytler based on his medical conditions, mental health issues, and advanced age. Subsequently, the court also allowed Jagdish Tytler ten days to review the documents provided by the CBI, including the charge sheet. 

Additional Chief Metropolitan Magistrate Vidhi Gupta Anand issued this direction in response to a request from Tytler’s counsel, who sought two weeks to complete the review of the documents.

Public Prosecutor Amit Jindal, representing the CBI, contended that compelling evidence from three eyewitnesses demonstrated that Tytler arrived at the scene in a white Ambassador car on November 1, 1984. The witnesses testified that he led and incited the mob to destroy Gurudwara Pul Bangash, kill Sikhs, and loot their properties.