A Delhi court on Monday sent a case related to the Pul Bangash killings during the 1984 anti-Sikh riots, in which Congress leader Jagdish Tytler is an accused, to the district judge for further proceedings.
Additional chief metropolitan magistrate Vidhi Gupta Anand sent the case to the district judge so the matter could be committed to a sessions judge, noting that Tytler, a former Union minister, was accused of murder (punishable under Section 302 of the IPC), an offence “exclusively triable” by ‘Courts of Sessions’.
The offence entails a maximum punishment of death penalty in the rarest of rare cases.
The magistrate noted 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 necessary application before sessions court for seeking any further documents as deemed necessary, the magistrate said.
She noted that by an order passed on July 26, cognizance of the alleged offences was taken and the accused was summoned.
“Perusal of record reveals that the charge sheet inter alia has been filed under Section 302 (titled as punishment for murder) and 436 (titled as mischief by fire or explosive substance with intent to destroy house) of the IPC, i.e., offences which are exclusively triable by the court of sessions. Accordingly, the file is hereby committed to Principal District and Sessions Judge, Rouse Avenue District Courts, New Delhi,” the magistrate said.
{{/usCountry}}“Perusal of record reveals that the charge sheet inter alia has been filed under Section 302 (titled as punishment for murder) and 436 (titled as mischief by fire or explosive substance with intent to destroy house) of the IPC, i.e., offences which are exclusively triable by the court of sessions. Accordingly, the file is hereby committed to Principal District and Sessions Judge, Rouse Avenue District Courts, New Delhi,” the magistrate said.
{{/usCountry}}A sessions court had earlier granted anticipatory bail to Tytler on a personal bond of ₹1 lakh and one surety of the like amount.
It had also imposed certain conditions on him, including that he will not tamper with the evidence in the case or leave the country without permission.
Three people were killed and a gurdwara was set ablaze in Pul Bangash area here on November 1, 1984, a day after the then prime minister Indira Gandhi was assassinated by her Sikh bodyguards.