1984 Anti-Sikh Riots: Delhi High Court To Hear Congress Leader Jagdish Tyler's Plea Against Murder Charge On Nov 29

Congress leader Jagdish Tyler on Tuesday approached the Delhi High Court challenging the framing of murder charges against him in a case relating to killing of three individuals during the 1984 anti-Sikh riots.

Justice Manoj Kumar Ohri heard the matter and listed the case for further hearing on November 29. However, the court did not issue notice on the petition today.

Senior Advocate Arvind Nigam appeared for Tyler. Central Bureau of Investigation (CBI) was represented by SPP Anupam S Sharma with Advocate Prakarsh Airan.

The court asked Nigam to place on record the statement of witnesses in the matter.

Tytler has challenged a trial court order passed on August 30 vide which charges were framed against him for murder and other offences, including unlawful assembly, rioting, and promoting enmity. Tytler has pleaded not guilty to the said charges.

Based on the recommendation made by Justice Nanawati Commission, the Union Government had directed the CBI to conduct re-investigation in the cases against Tytler and various others.

Accordingly, CBI had re-registered an FIR in November 2005. However, no action was recommended against him in the chargesheet by CBI. Later, supplementary chargesheet was filed against him in May last year.

In his plea, Tyler has argued that the impugned order is perverse, illegal and lacks application of mind by the trial court.

He has submitted that present case is a classic case of witch hunt and harassment of Tyler wherein he is made to face trial for an alleged offence which was committed more than four decades ago.

“At present, apart from the Petitioner, no other accused has been named and the CBI after having filed supplementary chargesheets/closure reports in favour of the petitioner is now seeking to rely on the statements of the witnesses who have earlier deposed contrary to what has been deposed in the third supplementary chargesheet wherein the petitioner has been summoned,” the plea said.

It added that there is no credible evidence to corroborate the allegations levelled against Tyler and thus, the order framing charges against him has been passed mechanically and without application of mind.

Title: JAGDISH TYLER v. CBI & ANR.