1984 anti-Sikh riots case: ‘Witnesses could not depose due to fear’

Order on Tytler, uploaded on Saturday, says inconsistencies in testimonies can only be scrutinised at the trial stage

The 1984 anti-Sikh riots were so “violent and brutal” that witnesses could not muster the courage to come forward with the truth for a long period of time, a Delhi court noted in its order while directing that charges be framed against Congress leader Jagdish Tytler, who is the accused in a November 1, 1984 incident in which three people were killed.

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“Apparently, the killings were so violent and brutal so as to instil fear in the mind of the family members of the victims and witnesses to such incidents for a long time,” said special judge Rakesh Syal, while relying on statements given by witnesses who stated that due to fear, they could not give correct statements or reveal the truth.

The direction of the court to frame charges against Tytler was issued on Friday. However, the detailed court order was released on Saturday.

The court’s observations came when it was considering the contention of Tytler that there are contradictions in the testimonies of various witnesses, and eyewitnesses have made statement against him after an inordinate delay and cannot be relied upon. The public prosecutor had opposed the submissions stating that earlier the witnesses had not given the truthful versions as they were scared of the brutal massacre and Tytler’s influence.

“There is force in the contention of Ld. PP that due to fear, the eye witnesses could not depose truthfully before various investigation agencies, committees or commissions… There is also force in the contention of Ld. PP that under such atmosphere, when their minds were gripped with the fear of the consequences of naming the perpetrators of brutal violence, such witnesses could not have revealed the names of such perpetrators”, the court added.

Delhi Rouse Avenue Court on Friday directed to frame charges against Tytler under Sections 143 (unlawful assembly), 147 (rioting), 188 (disobedience of the order duly promulgated by a public servant) and 153 A (promoting enmity between different groups) IPC, Sections 295 (injuring or defiling a place of worship), 436 (mischief by fire or explosive substance with intent to destroy house), 451 (house trespass), 380 (theft in dwelling house) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) IPC, and Section 302 (murder) read with Section 109 (abetment) IPC.

The court however, discharged Tytler for the offence of rioting armed with deadly weapons noting that “there is not sufficient ground for proceeding against the accused person under section 148 IPC”.

The matter has now been listed for September 13, when Tytler would have to physically appear before the court and charges would be formally framed against him.

The court relied upon the statements given by three witnesses – Harpal Kaur, Harvinderjit Singh and Abdul Wahid -- who have categorically stated about having seen Tytler instigating and inciting the mob to destroy/burn Gurudwara Pul Bangash, kill Sikhs and loot their properties. The court also took note of the statements of other witnesses who have deposed about the riots in which Sikhs were killed and their properties were looted.

“The material brought on record prima-facie show that the accused was member of the unlawful assembly of persons, which had gathered near Gurudwara Pul Bangash and he instigated and incited the mob to destroy/damage Gurudwara Pul Bangash, kill the Sikhs and loot their properties,” it said.

It also noted that in peculiar facts and circumstances of this case, the delay in naming Tytler, as the person who instigated and incited the violent riots against Sikhs, cannot be a ground to discharge the accused. The court also concluded that the earlier closure reports filed in the case have no bearing as they were not accepted by the court.

The court in its order said that contradictions in the statements of the witness can only be appreciated during the trial. “At the stage of charge, the court is not required to meticulously examine and appreciate the veracity of their statements. Thus, the argument advanced by the Ld. Counsel for the accused that the eye witnesses cannot be believed is not tenable at this stage”, it further said.

The court also noted that the onus of proving the plea of alibi taken by Tytler stating that he was at Teen Murti House is on him which can only be discharged during the trial and not at the stage of framing of charges.

It was also observed by the court that a mob of thousands of people had gathered at Gurudwara Pulbangash, armed with weapons, with the common object to destroy the Gurdwara, kill Sikh persons and loot their properties, thus constituting an unlawful assembly. The court added that it has come on record that Tytler led the mob and instigated them and thus he can be charged under section 149 IPC.

The court, while framing charges against Tytler, also observed that he disobeyed the orders of a public servant and while being a member of the unlawful assembly promoted or attempted to promote the feelings of enmity between different religious groups by stating “maro maro” and “pahle maro phir luto”. It was also concluded that Tytler by instigating the members of the unlawful assembly to kill Sikhs, abetted the murder of three people.

The case against the former Union minister is related to his alleged involvement in an incident of November 1, 1984, when three people — Badal Singh, Sardar Thakur Singh and Gurbachan Singh — were burnt to death, and the Pul Bangash Gurudwara was set ablaze, a day after the then prime minister Indira Gandhi was assassinated on October 31.

The Delhi Police initially registered a case on November 1, 1984, and the Central Bureau of Investigation (CBI) took over the probe on November 22, 2005, after the Union home ministry issued directions based on recommendations by the Nanavati Commission, which was formed in 2000 to look into cases from the 1984 riots.

The 1984 anti-Sikh riots broke out after the assassination of then PM Indira Gandhi by her two Sikh bodyguards. Thousands of Sikhs were killed in the riots in which Delhi was the worst-hit city followed by Kanpur. During three years of probe, 92 accused have been identified for involvement in murder, rioting, arson and loot in 11 cases of heinous crimes pertaining to riots.

CBI filed the charge sheet on May 20, 2023, in which it said Tytler “instigated, incited and provoked” the mob assembled at Gurdwara Pul Bangash, which resulted in burning of the gurdwara and killing of three Sikhs by the mob.

Taking cognisance of the charge sheet, the court issued summons to Tytler on July 26 last year. Tytler moved an anticipatory bail application on August 1, last year, which was allowed by the court on August 4, and later converted to regular bail.