1984 Anti-Sikh Riots: Congress Leader Jagdish Tytler Moves Delhi High Court To Stay Trial In Murder Case

Congress leader Jagdish Tytler on Monday (November 11) approached the Delhi High Court seeking stay on the trial court proceedings against him in a case relation to the killing of three individuals during the 1984 anti-Sikh riots.

Tytler has sought stay on trial court proceedings till the pendency of his petition before High Court challenging the framing of murder charges against him.

A single judge bench of Justice Manoj Kumar Ohri heard the matter today but no formal stay order was passed. The Court said arguments in the petition seeking stay on the trial court proceedings will continue but no stay has been ordered in the meantime.

Tytler has prayed that the matter before the trial court be fixed for a date after the hearing of his criminal revision petition (against murder charges) which is pending adjudication and is listed for hearing on November 29.

“It is most respectfully submitted that the captioned criminal revision petition raised substantial questions upon the motivation of the prosecution and the investigation conducted by the respondent CBI, therefore, an order/ direction from this Hon'ble Court for the Ld. Trial Court to not proceed with the captioned matter till the pendency of the captioned petition is expedient in the interests of justice,” his plea says.

He has contended that though the trial court was vacant after the retirement of the erstwhile judge who framed charges against him, the examination-in-chief of a prosecution witness was recorded with the link judge after consistent requests by the CBI and the victim.

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

Charges were framed against Tytler 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.

It is Tytler's case that the order framing charges against him 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 wherein he is made to face trial for an alleged offence which was committed more than four decades ago.

Case Title: JAGDISH TYLER v. CBI & ANR.