1984 anti-Sikh riots: Delhi court orders framing of charges against Congress leader Jagdish Tytler

After initially filing a closure report, giving a clean chit to Tytler, the CBI was directed to reopen the investigation against him in 2007. On two other occasions, in 2009 and 2014, the CBI closed the case against Tytler but the court refused to accept the report. In April 2023, the agency said it had fresh evidence against Tytler — a corroboration of his voice sample with a particular speech he made 39 years ago.

Senior Advocate H S Phoolka, appearing for complainant Lakhwinder Kaur, wife of Badal Singh who was killed along with Sardar Thakur Singh and Gurcharan Singh in the attack, told The Indian Express: “This has been a torturous fight… I think it’s the first time in this country when the CBI filed three closure reports and all three were rejected by the Courts. This clearly shows that proper investigation was not being done. Finally, the fourth time the investigation is happening correctly.”

In its chargesheet filed in May 2023, the CBI had accused him of “inciting, instigating and provoking the mob” that had assembled near the Pul Bangash Gurdwara at Azad Market, Bara Hindu Rao on November 1, 1984. A day earlier, Prime Minister Indira Gandhi was assassinated by her Sikh bodyguards

Relying on the testimony of a witness, the CBI said that Tytler instigated the mob by shouting “Kill the Sikhs, they have killed our mother” — the “mother” being a reference to Indira Gandhi.

In 2000, the Justice Nanavati Commission was constituted to inquire into the 1984 anti-Sikh riots in Delhi. Following a report by this Commission, the Ministry of Home Affairs issued directions to the CBI to investigate the case against Tytler and others. The case against Tytler was first registered by the CBI on November 22, 2005.

On February 12, 2015, the MHA also issued an order, constituting an SIT to “re-investigate” “appropriately” the “serious” criminal cases that had been filed in Delhi, but were closed.

This SIT, comprising 69 people including four ACPs, 11 inspectors and two prosecutors, traced 293 such closed cases. After months, 199 cases were closed due to “incomplete, illegible” records or lack of witnesses.

Between 2016 and 2017, 60 of the remaining cases were scrutinised. Eventually, a closure report was filed in 52 due to lack of evidence or witnesses. In the remaining eight cases, police filed chargesheets in five cases.