A Delhi court order to the Central Bureau of Investigation (CBI) to reopen a probe into the role of Congress leader Jagdish Tytler in the 1984 anti-Sikh riots has opened up the possibility of justice being done to victims of the violence.

Tytler was implicated by two judicial commissions. But three months ago the CBI submitted a closure report in the case against him, claiming that it could not find any evidence proving Tytler’s role in inciting mob violence and that the lone witness in the case, Jasbir Singh, was untraceable.

The court has now rejected the CBI’s clean chit to Tytler and ordered a re-probe. The CBI’s record in nailing people in high places or those with connections to the ruling party has been abysmal. It has routinely failed to build up convincing evidence in cases involving ministers, top officials or their friends. It has been obvious for some time now that the agency succumbs to political pressure. That has been the case with the anti-Sikh riots as well, where several top Congress functionaries were known to have goaded mobs to kill, loot and rape. The Delhi court’s order is a rap on the CBI’s knuckles. It is likely that there will be attempts to intimidate the witness, Singh, into not deposing against Tytler. There will be threats to his life. His security must be ensured.  

The involvement of Congress leaders in the anti-Sikh riots has tarnished the Congress’ secular image. Its claims of being a secular party will ring hollow so long as it continues to shield people like Mr Tytler and protects them from facing the courts. Its criticism of the Narendra Modi government’s abetting and the Sangh Parivar’s involvement in the anti-Muslim riots in Gujarat in 2002 lacks moral conviction since the Congress’ response to the anti-Sikh pogroms was no different from that of the BJP’s to the anti-Muslim pogroms. The court order provides the Congress with an opportunity to right to some extent at least, the horrific wrongs it heaped on the Sikh community 23 years ago.

The Delhi court order to the CBI will provide some hope to the victims of the anti-Sikh riots. But this is not just about the victims alone. It is about India’s secular democracy as well. By protecting people like Tytler, the Indian state has undermined the stature of its institutions. It can move to undo some of that damage now.