Court Rejects Cbi’s Closure Report On Jagdish Tytler In 1984 Riots Case

[Mehtab Singh]

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NEW DELHI: A court here on Tuesday rejected the CBI closure report in the 1984 anti-Sikh riots case against Congress leader Jagdish Tytler and directed the agency to further investigate the case.

Additional chief metropolitan magistrate Sanjeev Jain directed the Central Bureau of Investigation to file a report on January 16 next.

The court was hearing a petition by the "November-84 Carnage Justice Committee," which alleged that the CBI had not probed the conspiracy angle properly.

In September, the CBI filed the closure report saying it could not find any evidence against Mr. Tytler and that a witness in the case, Jasbir Singh, was untraceable.

With counsel for the riot victims filing the petition, the court issued notice to the CBI on October 4.

Subsequently, Mr. Singh, through his counsel, told the court that he was ready to testify, and also furnished his U.S. address and contact numbers.

However, Mr. Singh expressed his inability to come to India.

But the CBI said it wanted him to be physically present in the court for recording his statement and cross-examination.

The case against Mr. Tytler, in which the CBI sought to give him a clean chit, was registered in 2005 in connection with the killing of three persons of a Sikh family by a mob in North Delhi on November 1, 1984. It is alleged that he Mr. Tytler incited the mob.

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’84 riots

Re-probe Tytler’s role: Court

Rejects closure of case; orders CBI to examine US-based witness

S.S Negi

Legal Correspondent

New Delhi, December 18

A city court today rejected the CBI’s closure report against Congress leader and former minister Jagdish Tytler about his alleged role in the 1984 anti-Sikh riots and ordered fresh investigation by examining the US-based key witness, Jasbir Singh, who had filed an affidavit before the Nanavati Commission.

The CBI, in its closure report submitted on September 29 before Additional Chief Metropolitan Magistrate (ACMM) Sanjeev Jain, had given a “clean chit” to Tytler, claiming that the so called lone witness Jasbir Singh was not traceable and no other evidence had come across about the Congress leaders’ role in the riots.

But the ACMM today was not convinced with the CBI stand as Jasbir Singh was traced by several news organisations in California, where he is living. The court in fact provided Jasbir’s address to the CBI, procured by it from some TV channels, whose correspondents had interviewed him in California.

Dismissing the CBI claim about the “untraceable” crucial witness, the ACMM directed the agency to submit a status report on the action taken by January 16.

“I am of the opinion that the matter needs further investigation,” Jain said, making it clear to the CBI that if it failed to come up with satisfactory reply by the next hearing, the court could use its powers under the CrPC to ensure how the case should be investigated.

The agency had registered the case against Tytler on the recommendation of Justice G.T Nanavati Commission findings that there was “prima facie” evidence about his involvement in the criminal conspiracy to engineer riots against Sikhs in the aftermath of Indira Gandhi’s assassination on October 31, 1984. Similar findings were given by the panel against Sajjan Kumar, Dharam Das Shashtri and late Congress strongman H.K.L Bhagat for “engineering” the riots.

Tytler was accused by the agency in its FIR after the Commission’s report that he had “instigated” a mob of his supporters on November 3, 1984 to attack Sikhs who had taken shelter in Pul-Bangash Gurdwara in North Delhi and as a result three persons were massacred.

The CBI had, on September 29, submitted an application for closure of the case against Tytler, claiming that Jasbir Singh was not “traceable”. But the agency’s claim flew on its face as several newspapers and TV channels soon after came up with statements of Jasbir Singh from California that he was ready to record his statement before the agency provided he was given full protection to travel to India or his statement was recorded by the agency sending a team to the USA.

Jasbir Singh had emerged as a key witness in the case against Tytler after he had filed an affidavit before Nanavati Commission and Jain-Banerjee committee stating that he had personally seen and heard Tytler exhorting his supporters near the gurdwara to kill Sikhs.

According to Jasbir’s lawyer Navkiran Singh and senior advocate H.S Phooka, appearing for various Sikh bodies, the witness in his affidavit before the commission had had submitted that Tytler was complaining to his supporters against killing of less number of Sikhs in his area, which had undermined his position in the party.

After the court today took tough stand in the case, the CBI is left with no option but either to send a team to USA to record the statement of Jasbir Singh, or make arrangement for recording it through video conferencing at the Indian Embassy.

The other option could be the court its “commission” to the US to record his statement before a local court in California. Meanwhile, Jasbir Singh, interviewed in California by various TV channels after today’s proceedings, expressed his willingness to record his statement.

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Delhi BJP wants PM to monitor fresh probe

New Delhi, December 18

Delhi BJP chief Harsh Vardhan today demanded that Prime Minister Manmohan Singh should himself monitor the fresh inquiry by the CBI into the 1984 anti-Sikh riots case involving former union minister Jagdish Tytler.

The BJP leader accused the CBI of trying to protect the Congress leaders involved in the Sikh massacre and said the investigating agency is under great pressure from the government.

“Dr Singh himself belongs to the Sikh community and if the Sikhs do not get justice during his tenure, they will lose faith in law.

It will lead to terrorism and also create problem of social disintegration,” he said.

The BJP leader alleged that the present UPA government was adopting double standards in the case and said while the government was protecting the accused of 1984 riots and Nandigram cases, it was shedding crocodile tears on the Godhara case. Rejecting the CBI’s report giving clean chit to Tytler and seeking closure of the riots case, a Delhi Court today ordered reinvestigation into the case. — UNI

Jasbir affidavit suspect: Tytler

New Delhi, December 18

Shortly after a Delhi Court directed the CBI to re-investigate a 1984 anti-Sikh riot case involving him, former union minister and Congress leader Jagdish Tytler today expressed doubts over the veracity of the affidavit of a witness, who has expressed his desire to assist the investigating agency.

The court took note of the reports that witness Jasbir Singh, who was declared untraceable by the CBI, spoke to TV channels from the USA that he was willing to record his statement with the agency.

Questioning the affidavit of Singh, Tytler said there were contradictions in it and he would be happy if he comes and make things clear so that entire conspiracy surrounding it will be exposed.

“If in his affidavit he has said on the third (November 3, 1984), remember third is a very important date, when the whole of Delhi was under curfew with orders to shoot, even a stray dog couldn't have been on the street that day.

“At 11.30 in the night he sees Tytler in a mob. In a curfew, can you imagine.... in a curfew on the third,” Tytler told reporters. “I want that man to come, because then the whole thing will be clear and then you will come to know what conspiracy it is and what lie it was,” Tytler said. — PTI

[Mehtab Singh]

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Tytler doubts veracity of Jasbir's affidavit

NEW DELHI: Shortly after a Delhi court directed the CBI to re-investigate a 1984 anti-sikh riot case involving him, former Union Minister and Congress leader Jagdish Tytler on Tuesday expressed doubts over the veracity of the affidavit of a witness, who has expressed his desire to assist the investigating agency.

The court took note of the reports that witness Jasbir Singh, who was declared untraceable by the CBI, spoke to TV channels from the United States that he was willing to record his statement with the agency.

Questioning the affidavit of Singh, Tytler said there were contradictions in it and he would be happy if he comes and make things clear so that entire conspiracy surrounding it will be exposed.

"If in his affidavit he has said that on the third (November 3, 1984), remember third is a very important date, when the whole of Delhi was under curfew with orders to shoot, even a stray dog can't be on the street that day".

"At 11:30 in the night he sees Mr Tytler in a mob. In a curfew, can you imagine.... In a curfew on the third," Tytler told reporters.

"I want that man to come, because then the whole thing will be clear and then you will come to know what conspiracy it is and what lie it was," Tytler said.

The former Union Minister said, "he (Jasbir Singh) did not say that he is a witness to Mr Tytler saying ... Why have you not killed many people."

"He also says that on the first (Nov 1), he was in Jagjit Nagar when he saw his house being burnt. Then, how can he be a witness when he himself says that I am on the first at my house in Jamunapur.

"He says in his affidavit that he stayed in Sattu Singh's house. But, Sattu Singh has given an affidavit that nobody by this name ever came to his house," Tytler said.

Senior advocate H S Phoolka, representing victims of the riot said, "the court has rejected the clean chit given by the CBI to Tytler".

"The court has directed the CBI to carry out further investigation and then file a fresh report. We will now ask the CBI to send him (Jasbir Singh) a questionnaire or ask for the affidavit from America or go for video conferencing. His coming to India is not necessary," he said.

Jasbir Singh's counsel Navkiran Singh said, "the case has now been reopened".

"The court has taken into consideration the fact that the CBI was not recording Jasbir Singh's statement though he was ready to answer all questions," he said.

"The court has directed the CBI to carry out further investigation and then make a fresh report. We will now ask the CBI to either send him a questionnaire, ask him for affidavit from America or go for video conferencing, if they want. His coming to India is not necessitated," Phoolka said.

Singh's counsel Navkiran Singh said, "the case has now been reopened" and "the court has taken into consideration the fact that CBI was not recording Jasbir Singh's statement though he was ready to answer all questions."

The case relates to an incident on November 1, 1984 when a mob had set afire Gurudwara Pulbangash killing three persons.

The investigating agency had filed a report on September 29, giving a clean chit to Tytler and claiming that the whereabouts of Singh, who had allegedly heard Tytler inciting a mob to kill sikhs after the assassination of former Prime Minister Indira Gandhi, was not known as he was settled in the United States.

Singh had told the Nanavati commission on August 31, 2000 that "he had overheard Tytler rebuking his men on the night of November 3, 1984... For nominal killing of sikhs in his constituency".

The court on, December 6, had asked the agency as well as Singh's counsel Navkiran Singh to come up with ways to record the statement of the witness. While, the CBI appeared adamant over its demand to call the witness to the country, Navkiran expressed apprehension of threat to Singh in coming here.

CBI counsel Sanjay Kumar said that it was ready to record Singh's statement but the witness had to appear before the agency so that his claims could be corroborated.

Navkiran had said that Singh's version could be very well recorded by the CBI through video-conferencing from the Indian high commission in San Francisco.

Following CBI's report in the case, senior counsel Phoolka appearing for two sikh organisations - Delhi sikh gurdwara management committee and November '84 carnage Justice committee - had filed an application seeking copies of CBI's report asking for closure of the case.

The CBI however, had objected to it saying that there was no provision of law for supplying a copy of such report to third parties.

Phoolka had on December six furnished the address of Singh, trashing the claim of CBI that his whereabouts were unknown.

The agency in its report seeking closure of the case against Tytler had affirmed that its investigations into the case was conducted in a fair and impartial manner.