Delhi’s Rouse Avenue Court on August 30, directed the Central Bureau of Investigation (CBI) to frame charges against Congress leader Jagdish Tytler in connection with the 1984 anti-Sikh riots. The court’s directive marks a significant development in the decades-old case, which has been pursued relentlessly by the victims’ families and Sikh community leaders.
Enough proof to proceed
Special CBI Judge Rakesh Siyal stated that there was sufficient evidence to put Tytler, a former Union Minister, on trial. “Sufficient ground is there to proceed against the accused person,” the judge remarked while announcing the court’s decision.
The charges against Tytler will be framed under multiple sections of the Indian Penal Code (IPC), including 143 (unlawful assembly), 147 (rioting), 153A (promoting enmity between different groups), 188 (disobedience to order duly promulgated by public servant), 295 (defiling a place of worship), 436 (mischief by fire or explosive substance), 451 (house trespass), 380 (theft), 149 (unlawful assembly with a common object), 302 (murder), and 109 (abetment).
Accused of inciting mob against Sikhs
The CBI had earlier presented its case before the court in January 2024, asserting that eyewitnesses had seen Tytler inciting a mob during the 1984 anti-Sikh riots, which led to the killing of three people near the Pul Bangash Gurdwara in the national capital. In its charge sheet filed in May 2023, the CBI detailed that Tytler was accused of “inciting, instigating, and provoking the mob” that had gathered near the gurdwara on November 1, 1984.
Tytler had been granted bail in the case in August 2023 by a sessions court on a personal bond of Rs 1 lakh and a surety of the same amount, with conditions that he would not tamper with evidence or leave the country without the court’s permission.
The violence in Pul Bangash on November 1, 1984, occurred just a day after then-Prime Minister Indira Gandhi was assassinated by her Sikh bodyguards. The attack resulted in the deaths of three people and the destruction of the Pul Bangash Gurdwara by fire.
How Congress rewarded Tytler
The Congress party has long been mired in accusations related to the 1984 anti-Sikh riots, which erupted after the assassination of then-Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984. Following her assassination, widespread violence broke out from November 1 to November 4, with mobs—many allegedly led by Congress leaders—targeting and killing Sikhs. Official figures suggest that around 3,350 Sikhs were brutally murdered during this period.
Despite these serious allegations, the Congress party not only shielded but also rewarded those accused of involvement in the violence. Among those controversially favoured was Jagdish Tytler, a senior Congress leader who continues to wield significant influence within the party. Tytler’s role in the riots has been a subject of scrutiny for years.
The Nanavati Commission, which investigated the 1984 riots, recorded the testimony of Jasbir Singh, who claimed that on November 3, 1984, he saw Tytler arriving at the TB hospital gate in Delhi. According to Singh, Tytler angrily reprimanded those present for not following his orders to carry out more killings, allegedly complaining that the number of Sikhs killed in his constituency was lower than in other parts of Delhi, such as East Delhi and Outer Delhi. Singh testified that Tytler expressed concern that his political standing was being undermined because his promises of large-scale violence were not fulfilled.
Despite these allegations, the Congress party did not take punitive action against Tytler. Instead, he remained an influential figure within the party’s Delhi unit, regularly attending meetings and providing input on important matters. Tytler was even given election tickets by the Congress and was appointed as Union Minister of Civil Aviation and later as Minister of Labour. He won the 2004 elections but was dropped from the 2009 polls amidst growing controversy over his alleged involvement in the riots.
As recently as December 2022, Tytler was seen attending a meeting of the Congress Delhi unit to discuss preparations for the Bharat Jodo Yatra. He also actively campaigned for the party during the Municipal Corporation of Delhi (MCD) elections, highlighting his continued prominence within the Congress ranks, despite the grave accusations against him.
Operation Blue Star and Delhi Riots
Operation Blue Star, conducted in June 1984, saw the Indian Army storm the Golden Temple in Amritsar to neutralise Lhalistani militant Jarnail Singh Bhindranwale, who had taken refuge in the sacred Sikh shrine. While the operation succeeded in its immediate military objectives, it caused extensive damage to the holiest site of the Sikh faith and resulted in numerous civilian casualties.
For many Sikhs, the military assault on their most revered place of worship was seen as a grave insult to their religion and community. Indira Gandhi, then Prime Minister of India, who had ordered the operation, was held directly responsible for this perceived affront. On October 31, 1984, two of her Sikh bodyguards assassinated her in the garden of her residence on Safdarjung Road, claiming to avenge the attack on the Golden Temple.
Indira Gandhi’s assassination triggered a wave of violence in Delhi. Over the next three days, the capital was engulfed in chaos as nearly 3,000 innocent Sikhs were murdered by mobs. Congress party leaders were accused of instigating the violence and leading the mobs, while state machinery was allegedly misused to identify and target Sikh homes and businesses.
It is in this context that Jagdish Tytler, a 40-year-old Congress Member of Parliament at the time, became implicated. He was accused of playing a role in inciting the violence during the 1984 anti-Sikh riots.
Nanavati Commission’s report and Tytler’s role
Despite serious allegations against the top Congress leadership, the official investigation following the 1984 anti-Sikh violence made little progress for many years.
In 2000, the government led by Prime Minister Atal Bihari Vajpayee appointed a commission headed by former Supreme Court judge Justice G.T. Nanavati to conduct a thorough inquiry into the violence. The Nanavati Commission submitted its report in 2005, providing a detailed account of the events, particularly those at the Pul Bangash Gurdwara on November 1, 1984.
According to the report, at around 1:30 p.m. on that day, a large mob of approximately 3,000 to 4,000 people attacked the Gurudwara Singh Sabha at Pul Bangash. “The mob hurled petrol bombs and sprinkled kerosene on the Gurudwara and set it on fire,” the report stated. It further noted that three Sikh men were burned alive, and the police did nothing to prevent the killings. Eyewitness testimonies indicated that “the mob was led by Shri Jagdish Tytler, Congress (I) MP,” a prominent figure in the Congress party at the time.
The Commission’s findings implicated several Congress leaders, stating, “Jagdish Tytler, Ram Lal, Kaka Bali, Ram Chander Nagoria, and Tarvinder Singh Bedi, who were all Congress(I) leaders or workers, were in some way involved in the attacks on Sikhs or their properties” in North Delhi. The report went on to assert, “it [was] safe to record a finding that there is credible evidence against Shri Jagdish Tytler to the effect that very probably he had a hand in organising attacks on Sikhs.”
The Commission recommended further action by the government. Following the report’s release, Tytler, who was then a member of the Union cabinet in 2005, resigned from his position.
Welcoming court’s decision
The court’s decision has been welcomed by political leaders and community activists. Shiromani Akali Dal (SAD) leader Sukhbir Singh Badal took to social media to express his satisfaction with the court’s ruling. “This has become possible due to the tireless efforts of the Sikh community and the Shiromani Akali Dal (SAD), which pursued the matter relentlessly and even prevailed upon the CBI to reopen the case against the Congress leader,” Badal posted on X (formerly Twitter).
BJP leader Manjinder Singh Sirsa also applauded the court’s decision, saying, “Finally, the wheels of justice are moving. I wholeheartedly welcome the Rouse Avenue Court’s decision to frame charges against Congress senior leader Jagdish Tytler in connection with the 1984 Delhi massacre. For 40 years, the CBI alleged Tytler was cocooned by the Congress high command, denying justice to innocent Sikhs killed.“ He further thanked Prime Minister Narendra Modi, Home Minister Amit Shah, and the NDA government for honouring their demand to reopen the case against Tytler.
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