No HC relief for Tytler, murder trial to continue in anti-Sikh riots case

The Delhi high court on Monday made it clear that the murder trial in a 1984 anti-Sikh riots case against Congress leader Jagdish Tytler would continue.

Justice Manoj Kumar Ohri was hearing a plea filed by Tytler seeking a stay on the trial proceedings taking place against him in a Delhi court.

The court would continue with the hearing on November 29.

"It is made clear the trial will continue. Same will be subject to the outcome of the present proceedings," the judge ordered.

Tytler's counsel submitted the case was listed for the recording of evidence of a prosecution witness before the trial court on November 12 and the trial court be asked to not proceed till the high court decided his plea against the framing of charges order.

Tytler's plea challenging the framing of murder and other charges against him is listed on November 29 but he moved court with the plea to stay the trial.

His plea said the evidence of the prosecution witness was recorded by the trial court and her cross-examination by the defence counsel was scheduled for November 12.

“The criminal revision petition (of Tytler) raised substantial questions upon the motivation of the prosecution and the investigation conducted by the CBI. Therefore, an order/direction from this court for the trial court to not proceed with the captioned matter till the pendency of the revision petition is expedient in the interest of justice,” his plea read.

Senior advocate HS Phoolka, representing the victims, opposed the plea arguing the witness was old and suffered from various ailments and being subjected to multiple court appearances.

She would be appearing in court for the fourth time, he said.

Tytler has claimed to be a victim of a "witch-hunt" and contended the trial court's order framing charges against him was "perverse, illegal and lacked application of mind".

"The trial court has erroneously framed charges against the petitioner overlooking the settled principles of law on the point of charge," his petition stated.

While Tytler's counsel raised the plea of alibi, claiming his absence at the time of the incident, the counsel for the CBI and victims argued the plea of alibi had already been decided and rejected by the high court.

Tytler said there was no credible evidence to corroborate the allegations against him and the trial court's order was "misconceived" passed "mechanically" and liable to be set aside.

He alleged it was a case of harassment wherein he was made to face the trial for alleged crimes committed more than four decades ago, and referred to being 80-years old and suffering from several ailments, including heart disease and diabetes.

The trial court on September 13 framed charges against him after he pleaded not guilty.

Besides murder, the trial court ordered the framing of charges pertaining to unlawful assembly, provocation, rioting, murder, promoting enmity between different groups, house trespass, and theft, among others.

The CBI on May 20, 2023, filed a chargesheet against Tytler in the case saying he "incited, instigated and provoked the mob assembled at Pul Bangash Gurdwara Azad Market" on November 1, 1984.

The mob, the agency claimed, provoked by Tytler, set a gurdwara ablaze and killed three men -- Thakur Singh, Badal Singh, and Gurcharan Singh.

Anti-sikh riots erupted in several parts of the country in the aftermath of the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984.

A sessions court had in August 2023, granted anticipatory bail to Tytler in the case.