Jagdish Tytler instigated mobs in 1984 riots, said not enough killed: CBI charge sheet

According to the charge sheet, CBI established Tytler’s presence at the crime scene based on the testimonies by six witnesses

Not only Congress leader Jagdish Tytler instigated a mob to attack Sikhs and burn Gurdwara Pul Bangash in north Delhi, a day after the assassination of the then prime minister Indira Gandhi, but he also rebuked the rioters saying enough Sikhs were not killed in his constituency compared to other areas, the Central Bureau of Investigation (CBI) has said in its charge sheet against the Tytler who was then a Member of Parliament from Sadar Bazar constituency.

Victims of the 1984 anti-Sikh riots stage a protest against Congress leader Jagdish Tytler on Saturday. CBI has filed a charge sheet against Tytler in the Gurdwara Pul Bangash case. (Raj K Raj/HT Photo)

According to the charge sheet, the agency established Tytler’s presence at the crime scene based on the testimonies by six witnesses, of which four saw him instigating the crowd.

Their statements are part of the charge sheet, filed on May 20, in which Tytler has been charged with murder, rioting, instigating a crowd, and defiling religious places under sections 302, 147, 153A and 295 of the Indian Penal Code (IPC).

The charge sheet also records offences under 148 (rioting armed with deadly weapons), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 188 (disobedience to order duly promulgated by public servan), 109 (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment), and 436 (mischief by fire or explosive substance with intent to destroy house, etc) of the IPC.

A special court in Delhi took cognizance of the charge sheet on July 26 and summoned Tytler. He was granted anticipatory bail on Friday.

Three people – Sardar Thakur Singh, Badal Singh, and Gurcharan Singh — were burnt to death in the attack at Gurdwara Pul Bangash on November 1.

Eyewitness accounts

Citing statement of Harpal Kaur Bedi, whose husband Amarjeet Singh Bedi, ran a TV shop in front of the Gurdwara, CBI said that when she stepped outside her house to check the shop on November 1, she witnessed a mob looting the shop. “While on her way back, on the main road close to the Gurdwara, she saw a white Ambassador car, from which accused Jagdish Tytler came out. He instigated the mob to first kill Sikhs and then engage in looting,” the CBI charge sheet, seen by HT, said.

Harvinder Singh, another witness who lived in Bapa Nagar, said he was a student of Class 11 at Guru Teg Bahadur Khalsa Boys Senior Secondary School in 1984. On November 1, he was going from his home at Anand Parbat to Sadar Bazar for buying ‘Kalangi’ for fixing his turban. “He was on a bus when, in front of the Gurdwara Pul Bangash, he saw a mob carrying petrol canisters, sticks, wood, swords, rods, etc. He saw Jagdish Tytler in front of the Gurdwara. Tytler was instigating the mob to attack Gurdwara Pul Bangash. After seeing this, the passengers in the bus advised him to remove his turban and return home,” the charge sheet said.

Both Harpal Kaur and Harvinder Singh’s statements were recorded under section 164 of the Criminal Procedure Code (CrPC) before a magistrate.

Further, citing a statement by Abdul Wahid, a resident of Azad Market, CBI said that on November 1, some people began gathering in front of the Gurdwara. “Tytler came in a white Ambassador car and stopped in front of Gurdwara. Wahid stated that he didn’t hear what Tytler said, but the crowd became violent after that and began to attack the Gurdwara,” CBI said in the charge sheet.

‘Not enough killings’

Citing an affidavit Jasbir Singh Sattu, a witness, filed before the Justice Nanavati Commission in August 2000, the investigating agency said that Tytler rebuked a group of people near the “TB Hospital gate” [Rajan Babu TB Hospital, GTB Nagar] for not “faithfully carrying out his instructions”.

“Tytler said that his position has been greatly compromised and lowered in the eyes of central leaders. As per his affidavit, accused Tytler told the persons present there that only nominal killing has taken place in his constituency as compared to East Delhi, Outer Delhi, Delhi Cantonment, etc. Tytler also said that he had promised large scale killings of Sikhs and sought full protection but you (mob) have betrayed and let me down”, CBI said in the charge sheet, citing Sattu’s affidavit.

To be sure, Sattu stated that he witnessed the TB Hospital incident on November 3 -- two days after the Gurdwara was attacked.

The agency examined Sattu in San Francisco, US, in December 2008, during which he reiterated his statement saying he saw 40-50 men standing in front of TB Hospital on November 3, 1984. “Then a white Ambassdor car came there. Tytler told them that ‘I had completely assured you that nothing would affect you, you just kill Sikhs’. Tytler further said that despite this, least number of Sikhs have been killed due to which he has been embarrassed. He also said there has been nominal killing in his constituency compared to East Delhi, North Delhi and Delhi Cantt. He later left in a huff,” CBI said in the charge sheet.

Head priest’s testimony

The charge sheet also cited the testimony of Surinder Singh Granthi, the head priest of Gurdwara Pul Bangash, since deceased), before Nanavati Commission in January 2002. The Granthi, in his affidavit before the commission, said a big mob being led by Tytler which was carrying lathis, iron rods and kerosene oil attacked the Gurdwara. The Granthi later retracted his statement in 2006.

In 2008, Surinder Singh said that the was forced to change the statement under pressure from Tytler. CBI had sent a formal request to Canada to examine Narender Singh Khaira, Granthi’s son, who confirmed that his father changed the statement to protect him.

To corroborate whether the white Ambassador car, mentioned by various witnesses was used by Tytler around that time, CBI cited the statement of Dharamchand, who picked the Congress leader from the airport and dropped him at Teen Murti Marg at 8.30 am on November 1, 1984. Dharamchand, in his statement, said Tytler had a White Ambassador and a white Fiat at that time. He said Tytler had two other drivers – Kalicharan and Darshan Lal -- besides him.

“This corroborates the statements of Harpal Kaur, Abdul Wahid and Jasbir Singh that Tytler had a white Ambassador car in 1984”, CBI said in the charge sheet.

Also, late Darshan Lal’s son Ravi Sharma confirmed to CBI that his father used to drive Tytler’s Ambassador car, the charge sheet said.

Sting video

CBI has also used a sting video shared by Manjit Singh GK (former president of Delhi Sikh Gurudwara Parbandhak Committee) in 2018, in which a person named Ravinder Singh Chauhan can be seen sitting in front of Tytler and latter admitting to his involvement in killing of at least 100 Sikhs in the 1984 riots.

“In view of the facts and circumstances mentioned above, it is submitted that during investigation sufficient evidence have come on record that Jagdish Tytler was part of the unlawful assembly committing rioting that had assembled near Gurdwara Pul Bangash on November 1, 1984 violating the prohibitory orders, instigated, incited, provoked the mob to kill Sikhs. This resulted in Gurudwara Pul Bangash being set on fire by the mob and killing of three persons belonging to Sikh community and also promoted enmity between different religious groups,” CBI said in the charge sheet.

Pressuring witnesses

The charge sheet said that Tytler was also influencing the investigation and threatening the witnesses to change their statements.

Citing a newspaper article and a 1984 news report, the investigating agency said that Tytler barged into a press conference being held by the then Delhi police commissioner, and began demanding that his men should be released.

The court has listed the matter for hearing on August 11.

Politically motivated: Tytler

In his plea for anticipatory bail on Tuesday, Tytler, said that he has been charged without arrest. He also said that filing a charge sheet after 40 years of the incident is a “politically motivated step”, and that he was charged without any reliable evidence.

Tytler’s counsel also submitted that there was no apprehension of influencing witness or tampering with the evidence as the charge sheet has already been filed. He added that despite him (Tytler) being at large, witnesses have come forward to record their statements. “It was also submitted that Tytler is a person with deep roots in the society and he is 79 and suffering from various ailments thus, there is no apprehension that he may flee from justice,” Tytler submitted to the court.

Sikhs protest

Members of Delhi Sikh Gurdwara Management Committee (DSGMC) held a protest outside Delhi’s Rouse Avenue Court on Saturday against the grant of anticipatory bail to Tytler. DSGMC president Harmeet Singh Kalka said Sikhs gathered in huge numbers to protest against Tytler’s bail, and to show their displeasure over how Sikhs have been “marginalised on the 1984 Sikh genocide issue”.

BJP leader Manjinder Singh Sirsa said Tytler will face murder charges. “It has taken nearly four decades of relentless struggle… Today, the Sikh community finds some solace as CBI books Tytler for instigating the mob that carried out heinous killings of Sikhs near Gurdwara Pul Bangash in Delhi in 1984. He will now face murder charges in the case,” Sirsa said while reacting to the CBI charge sheet.

(with inputs by Deepankar Malviya)