New Delhi,India: Based on the affidavit of US based witness Resham Singh to testify against Tyler’s role in the Indiaattack on Gurudwara Pul Bangash which resulted in killing of several Sikhs, Additional Sessions Judge Anuradha Shukla set the case for arguments on November 9, 2012. The closure report was challenged by Lakhwinder Kaur, wife of late Badal Singh who was among those burnt alive at Gurudwara Pul Bangash in the attack led by Tytler in November 1984. CBI had filed the closure report without recording the statements of additional witnesses who were available and willing to testify during CBI’s visit to USA as per the revision petition.
As per the court records, clean chit to Tytler was signed by then Director CBI Ashwani Kumar. The CBI Director signed clean chit despite Investigating Officer’s recommendation to prosecute Tytler for murder. Arun Kumar, Joint Director of CBI in his 2009 report recommended filing of charges against Tytler for killings Sikhs, noted 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.”
On November 9 petitioners’ counsel Kamna Vohra will argue before the court that CBI failed to properly investigate Tytler’s role in attack on Gurudwara Pul Bangash in November 1984 in which many Sikhs were burnt alive and thus the Closure Report should be rejected and murder charges should be filed against Tytler. Advocate Kamna Vohra has already submitted evidence of the communication between Sikhs For Justice, (SFJ) a human rights advocacy group and CBI regarding availability of additional US based witnesses.
According to Karnail Singh Peermohamad, President AISSF, the court’s record shows that CBI is shielding Tytler from facing the charges of leading the attacks on Sikhs, otherwise why CBI would file a closure report without recording the statement of all witnesses. The victims and witnesses of November 1984 have been decrying about Tytler’s role in inciting and leading attacks on Sikhs and now his action of inciting attack on police in Orissa further confirms that he has the “tendency to incite violence” added Peermohammad.