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Sikh Genocide 1984

Justify the clean chit to Tytler – Court to CBI; Submit answer by January 25, 2012

January 13, 2012 | By

New Delhi, India (January 13, 2012): As per information sent by Sikhs for Justice to Sikh Siyasat Network in December 2011, victims’ advocates submitted evidence of communication between “Sikh for Justice” and CBI regarding availability additional witnessed and recent affidavits of Resham Singh and Jasbir Singh recounting Tytler’s role and reaffirming to testify against Tyler, to Additional Sessions Judge Sarita Birbal. The Judge after reviewing this evidence ordered CBI to submit a written answer on January 25, 2012, as to why testimony of additional witness Resham Singh who was available and willing to testify during CBI’s visit to USA in December 2008 was not recorded.

On April 2, 2009, the CBI for the second time had given a clean chit to Tytler claiming lack of evidence against Tytler in the case pertaining to the killing of Sikhs on November 1, 1984 in wake of the assassination of then Prime Minister Indira Gandhi. Earlier in September 2007 CBI filed the closure report in case against Tytler claiming that the main witness Jasbir Singh is untraceable. Jasbir Singh who has given affidavits and had appeared before Misra Commission and Nanavati Commission in the case against Tytler, upon hearing the closure report contacted the media and “Sikhs for Justice” claiming that CBI has never approached him to record his statement about Tytler’s role in the killing of Sikhs.

In January 2008, “Sikhs for Justice” and “All India Sikh Students Federation” challenged the CBI’s closure report before Delhi High Court and obtained Stay Order against CBI thus stopping filing of the closure report based on the availability of the CBI’s main witness Jasbir Singh in the USA.

The court ordered the CBI to record the statements of witnesses present in United States, therefore, in December 2008, a CBI Team led by SP Ratn Sanjay came to USA to further investigate the role of Tytler and to record the statement of Witnesses in USA. Late Giani Surinder Singh’s statement was recorded by CBI in Indian Consulate New York and witness Jasbir Singh’s statement was recorded in Indian Consulate San Francisco in the presence attorney Gurpatwant Singh Pannun. Despite repeated requests, CBI team refused to record the statements of additional witness against Tytler who had come forward on the call of Sri Akal Takht Sahib and were present outside the Indian consulate in New York and San Francisco.

In April 2009 CBI filed another closure report despite the detailed accounts of Tytler’s involvement given by late Giani Surinder Singh and Jasbir Singh and despite availability of additional witnesses against Tytler.

On April 26, 2009, Indian Express Senior Journalist Ritu Sarin exposed how CBI Chief Ashwani Kumar disregarded his own agency’s investigating officers’ report that Tytler should be booked for murder and rioting. According to records obtained by The Sunday Express, the Joint Director and DIG clearly recommended, in writing, that there was a strong case against Jagdish Tytler in the Bara Hindu Rao anti-Sikh violance case under a string of charges including murder, rioting and damage to property.

Despite the recommendation of CBI’s Investigating Officers’ to prosecute Tytler for his role in the killing of Sikhs, the CBI’s director Ashwani Kumar signed on the clean chit to Tytler.

Arun Kumar, Joint Director of CBI in his written report recommending filing of murder charges against Tytler, stated that:

“Both important witnesses are presently in USA. If they are insisting on certain narration of facts, it will be difficult to ignore only by citing contradictions…Given the circumstances of these cases, it will not be appropriate to totally deny the present statements of Jasbir Singh and Surinder Singh regarding the incident. It will be appropriate to finally leave the decision in the hands of trial court. Hence, I tend to go with the opinion of the DIG and recommend prosecution of Jagdish Tytler under Sections 147, 149 and 109 IPC read with 302, 295, 427 and 436 IPC.”

Since CBI Director Ashwani Kumar signed on the clean chit to Tytler, in April 2010, the court accepted the CBI’s closure report against Tylter. In June 2010, Lakhwinder Kaur wife of late Badal Singh who was killed in the presence of Tytler on November 1, 1984, through “Sikhs for Justice” challenged the closure report, requested an opportunity to inspect the CBI file and reopening of investigation based on additional witnesses whose testimony CBI refused to record.

In December 2011, Sikhs for Justice provided evidence to the Additional Sessions Judge Sarita Birbal showing communication between attorney Gurpatwant Singh Pannun and CBI Team visiting USA in December 2008 regarding availability of additional witnesses Resham Singh and Giani Chain Singh. This communication from December 2008 between attorney Pannun and SP Ratn Sanjay of CBI clearly shows that CBI did not record statements of additional witnesses against Tytler who were available in USA and thus CBI failed to properly investigate Tytler’s role in November 1984 killing of Sikhs. Witnesses Resham Singh and Jasbir Singh also submitted fresh affidavits to the court reaffirming their continued willingness to testify against Tytler.

Based on Sikhs for Justice’s record of communication with CBI and recent affidavits of Resham Singh and Jasbir Singh reaffirming to testify against Tyler and his role in killing of Sikhs Additional Sessions Judge Sarita Birbal ordered CBI to submit a written answer on January 25 as to why testimony of additional witnesses who were available and willing to testify during CBI’s visit to USA in December 2008 were not recorded.

On January 25, 2012 Sikhs for Justice’s legal counsels Advocate Navkiran Singh and Kamna Vohra will argue before the court that CBI failed to properly investigate Tytler’s role in November 1984 killings and thus the Closure Report accepted in April 2010 should be rejected and reinvestigation of Tytler through Special Investigation Team (SIT) should be ordered.

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