1984 Anti-Sikh riots: Delhi court asks CBI to bring complaint filed for violation of public servant's order

New Delhi [India], July 19 : The Rouse Avenue Court on Wednesday asked the Central Bureau of Investigation (CBI) to bring a complaint under section 195 CrPC filed by the public servant for violation of his orders by the accused.
The court was considering the supplementary charge sheet against Congress leader Jagdish Tytler. A supplementary charge sheet has been filed by the CBI in the case of killings in the Pul Bangash area in 1984.
Additional Chief Metropolitan Magistrate Vidhi Gupta Anand said that as the CBI has added section 188 (Violation of order issued by the public servant), therefore it is required to place the complaint under Section 195 CrPC that the public servant to place on record the Complaint filed under Section 195 Cr.PC. 
The court said it is required to take Cognizance of the charge sheet.
"Either you (CBI) bring the complaint or drop the section 188 IPC from the charge sheet," the court said.
The court asked the CBI's counsel to discuss the issue with the department and inform it accordingly.
The matter has been listed for further proceedings on July 21.
The Judge said that I have gone through the supplementary charge sheet, and three sections 153 A, 148 and 188 IPC have been added to the supplementary charge sheet. The sanction for section 153 A is there, said the court.
On July 7, the court reserved an order on Cognizance of the supplementary charge sheet against Jagdish Tytler.
The court has received the trial court records from Karkardooma Court. Seven files have been received.
The public prosecutor for the CBI briefed the court and submitted that there is sufficient evidence to take Cognizance and issued a summons to the accused.
CBI prosecutor said that there are witnesses who saw Tytler in the riot inciting the mob. He also said another witness also saw Tytler inciting mob during riots.
CBI said that 153 A (promoting enmity between the religious groups) 295 and 302 and offences related to rioting are made out against the accused.
An eye witness Surender Singh gave a statement has expired in 2008-09. There are two statements under 164 CrPC in the matter. On the basis of this material summon can be issued to the accused, CBI Prosecutor submitted.
During the hearing, Senior advocate H S Phoolka for riots victims had said that it is a case of genocide and victims are waiting for justice for the last 39 years. Evidence was always there in this case. 
We are glad that the CBI is on the right track now, Phoolka had said before the court.

The CBI has recently filed a supplementary charge sheet against former Union Minister and Congress leader Jagdish Tytler. This matter is at the stage of consideration on the charge sheet.
ACMM Vidhi Gupta Anand had summoned the trial court records related to this case from Karkardooma Court.
The CBI on Thursday informed the court that a reminder has been sent to the FSL to expedite the process of forensic examination of the voice sample of Jagdish Tytler.
The court had asked the CBI to expedite the process to obtain the FSL report of the voice sample of Jagdish Tytler.
The CBI filed the charge sheet on May 20 in Rouse Avenue Court. This case is connected with the killing of three persons in the Pul Bangash area on November 1, 1984.
The Central Bureau of Investigation on May 20 filed the charge sheet against Congress leader Jagdish Tytler in a case related to anti-Sikh riots in 1984 following the assassination of then Prime Minister of India, on October 31 1984.
Congress leader Jagdish Tytler, then Member of Parliament has been named as accused in the chargesheet.
In a statement, CBI mentioned that the agency had registered the instant case in November 2005 on an incident wherein Gurudwara Pul Bangash at Azad Market, Bara Hindu Rao, Delhi was set on fire by a mob and three persons namely Sardar Thakur Singh, Badal Singh and Gurcharan Singh were burnt to death on November 1, 1984, near Gurudwara Pul Bangash.
Justice Nanavati Commission of Inquiry was set up in the year 2000 by the Government of India to enquire into the incidents of anti-Sikh riots of the year 1984 in Delhi.
After consideration of the Commission’s report, the Ministry of Home Affairs (Government of India) issued directions to CBI to investigate the case against the then Member of Parliament and others.
During the CBI investigation, evidence came on record that on November 1, 1984, the said accused allegedly instigated, incited and provoked the mob assembled at Gurudwara Pul Bangash at Azad Market, Delhi which resulted in the burning of Gurudwara Pul Bangash and the killing of three Sikh persons by the mob, apart from burning and looting of shops.