On Monday, the Delhi High Court declared that the murder trial against Congress leader Jagdish Tytler, in connection with the 1984 anti-Sikh riots, will proceed as scheduled. This decision came after Tytler petitioned to stay the trial proceedings, challenging the framing of charges and questioning the evidence against him. However, Justice Manoj Kumar Ohri made it clear that the trial would continue, with any outcomes subject to the results of the ongoing proceedings in the High Court. The court has scheduled the next hearing for Tytler’s plea on November 29.
Request for Stay on Proceedings Rejected by High Court
Tytler’s legal team argued for an immediate halt to the trial, asserting that the lower court had prematurely moved forward with recording the evidence of a prosecution witness, scheduled for November 12. His counsel contended that the trial court should be instructed not to proceed until the High Court reviews his petition against the framing of charges. Tytler’s plea argued, “The criminal revision petition raised substantial questions upon the motivation of the prosecution and the investigation conducted by the CBI…a stay on the trial court proceedings is expedient in the interest of justice.”
However, the High Court did not grant a stay, maintaining that the trial could proceed as initially planned, with the proceedings reviewed based on the hearing on November 29.
Victims’ Counsel Urges Continuation of Witness Testimonies
Senior advocate H.S. Phoolka, representing the victims, opposed Tytler’s request, stressing the challenges faced by the elderly witness, who suffers from multiple health issues and has appeared in court numerous times. “She would be appearing in court for the fourth time,” Phoolka noted, emphasizing the importance of completing her testimony without further delay.
Tytler’s Defense Cites Alibi, Health Concerns, and “Witch-Hunt” Allegations
In his defense, Tytler claimed that he is a victim of a “witch-hunt,” arguing that the trial court’s decision to frame charges against him was “perverse, illegal, and lacked application of mind.” His counsel raised an alibi, asserting that Tytler was not present at the time of the incident. However, the CBI and the victims’ legal representatives countered this claim, arguing that the court had already examined and rejected his alibi in previous hearings.
Tytler’s petition also called into question the evidence presented by the Central Bureau of Investigation (CBI), claiming that it was unreliable. According to the plea, the trial court’s decision to frame charges was “misconceived” and “mechanically” rendered. Tytler further argued that he should not face trial for crimes allegedly committed over four decades ago, particularly given his advanced age and health issues, including heart disease and diabetes.
Charges Against Tytler and the 1984 Anti-Sikh Riots
In September, the trial court formally charged Tytler with murder and other offenses, including unlawful assembly, rioting, provocation, promoting enmity between groups, house trespass, and theft. The CBI’s chargesheet, filed on May 20, 2023, accuses Tytler of “inciting, instigating, and provoking” a mob near Pul Bangash Gurdwara in Azad Market on November 1, 1984, which subsequently set the gurdwara on fire and killed three men: Thakur Singh, Badal Singh, and Gurcharan Singh.
The anti-Sikh riots erupted across India following the assassination of Prime Minister Indira Gandhi by her Sikh bodyguards on October 31, 1984. The aftermath saw widespread violence and communal unrest, leading to tragic losses in the Sikh community. Tytler has consistently denied any involvement, asserting that the charges against him lack factual basis.
Anticipatory Bail and Next Steps in the Case
In August 2023, Tytler was granted anticipatory bail by a sessions court in relation to the case. However, with the High Court’s recent decision allowing the trial to proceed, his legal challenges are far from over. As the case moves forward, both the defense and prosecution are expected to present further arguments, with Tytler’s fate resting in the hands of the court as it reviews his petition on November 29.
