NEW DELHI: Efforts by the Delhi Police to shield former Union Minister Jagdish Tytler and his party colleagues, from charges of criminal conspiring to carry out mass killings of Sikhs during the 1984 riots, have come to light. Despite having seven affidavits filed by six riot victims, among whom one names Mr. Tytler, the police did not name him as an accused in a fresh FIR lodged in 1993. At that time (during the end of 1993), Mr. Tytler was the Union Surface Transport Minister. It was apparently his influence in the Union Home Ministry which dissuaded the specially created Riot Cell of the Delhi Police. From naming him in the FIR. The FIR was filed rather on the basis. Of an affidavit, which had apparently did not name anyone and mainly demanded the compensation. Other six affidavits which had actually named Mr. Tytler, H.K.L, Bhagat, Mr. Sajjan Kumar, Mr. Dharam Das Shastri and Mr. Lalit Maken were simply “attached” with the FIR.

The case, at the moment, is pending with Mr. S.K. Jain, the Metropolitan Magistrate, Punjabi Bagh, where the prosecution, meaning the Delhi Police, has “desperately” been trying to convince the judge to dismiss the case as an “untraced” one. The judge, however, presumably doubting the police’s sincerity in this regard, has called for the case file (which is around six inches thick) with the intention of going through it with a “fine tooth comb” during his two-week summer vacation.

Sources said that once the judge goes through the entire file thoroughly, it would become clear that the “untraced FIR has been led in order to mislead the court. The sources, added that after reading the file, two recourses would clearly emerge for the judge concerned: either to issue summons for the persons named in the affidavit or issue non bailable warrants against them (most likely) and commence with the trial.

This opinion was shared by legal professionals consulted by The Pioneer.

The history of the case goes back to the time of the riots. The original FIR in this case was lodged by the Punjabi Bagh police in 1984 itself following the culmination of the three-day riots.

The FIR and the supportive affidavits on which it was based, gathered dust for many years in one of Delhi’s: courts till the BJP Government took it up in earnest to get justice done.

One of the affidavits among the seven, filed by a victim named Amarjit Singh, whose brother had been k at the hand of the rioters, alleged that Mr. Tytler, Mr. Sajjan Kumar, and Mr. HLK.L. Bhagat, late Lalit Maken and Mr. Dharam Das Shastri attended a meeting at the residence of Mr. Bhagat, following the assassination of former Prime Minister Indira Gandhi.

There, the affidavit alleged, the politicians decided to return to their respective Parliamentary constituencies to organize ‘mass killings of Sikhs to avenge the assassination of Ms. Gandhi” after taking the police heads of their respective areas into their confidence.

There was another affidavit among the seven, alleging role of Mr. Tyler, Mr, Bhagat and Mr. Sajjan Kumar. But the Delhi Police headed by the then Commissioner, Mr. M.B. Kaushal, avoided all these affidavits and chose a “nameless” affidavit to be the basis of the FIR.

Article extracted from this publication >>  June 12, 1996