Congress leader Jagdish Tytler on Monday sought a stay on the trial proceedings against him in a case linked to the killing of three individuals during the 1984 anti-Sikh riots in north Delhi’s Pul Bangash area.
Tytler’s counsel argued that the trial, set to record prosecution witness testimony on Tuesday, should be halted until the Delhi High Court decides on his plea challenging the framing of murder and other charges against him.
Justice Manoj Kumar Ohri, who had previously granted Tytler time to submit additional documents, noted that although the documents had been filed, they had not yet been placed on record. The court directed the registry to include the documents and set the matter for hearing at 2:15 PM.
Tytler’s challenge to the charges against him is already listed for hearing on November 29, but his counsel filed an application to stay the trial in the meantime. The application highlighted that prosecution witness Lokender Kaur had already given her testimony, and her cross-examination was scheduled for November 12.
The petition argued that the criminal revision raised concerns about the prosecution’s motivations and the CBI’s investigation, urging the High Court to pause the trial proceedings until the revision petition is resolved.
Senior advocate H.S. Phoolka, representing the victims, opposed the request, pointing out that Kaur was elderly and in poor health, having already been called to court multiple times. She was set to appear in court for the fourth time on Tuesday.
In his petition, Tytler claimed he was being subjected to a “witch-hunt” and argued that the trial court’s decision to frame charges was flawed and lacked proper legal reasoning. He contended that the trial court had wrongly framed charges, disregarding established legal principles.
Tytler also presented an alibi, asserting that he was not present at the scene during the incident. However, both the CBI and the victims’ counsel opposed this, noting that the High Court had previously rejected his alibi.
Tytler further claimed that there was no credible evidence against him to support the charges, calling the trial court’s order “misconceived” and accusing it of being passed “mechanically.” He argued that he was being unfairly prosecuted for events that took place over four decades ago. At 80 years old, Tytler cited his health issues, including heart disease and diabetes, in his defense.
The charges against Tytler stem from the November 1, 1984, incident when he allegedly incited a mob at Pul Bangash Gurdwara Azad Market, resulting in the deaths of three Sikhs: Thakur Singh, Badal Singh, and Gurcharan Singh.
According to the CBI charge sheet, a witness stated that Tytler emerged from a white Ambassador car near the gurdwara, shouting, “Kill the Sikhs, they have killed our mother,” which led to the mob killing the three men.
The 1984 anti-Sikh riots erupted in retaliation for the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984.
In August 2023, the CBI filed its charge sheet against Tytler, which led to the trial court framing charges against him for offenses including murder, unlawful assembly, rioting, promoting enmity, and theft.
A Sessions court had granted anticipatory bail to Tytler in the case in August 2023.
