Synopsis
Jagdish Tytler has approached the Delhi High Court challenging the trial court’s framing of charges for murder during the 1984 anti-Sikh riots. He claims the charges are perverse and lack credible evidence, calling it a witch-hunt against him. The trial court had framed charges including murder and rioting.
AgenciesNew Delhi: Congress leader Jagdish Tytler on Monday approached the Delhi High Court challenging the framing of charges for murder and other offences against him in a case related to the killing of three people in north Delhi’s Pul Bangash area during the 1984 anti-Sikh riots, claiming he was a victim of “witch-hunt”. Tytler, in his plea, contended that the trial court’s order framing charges against him was perverse, illegal and lacked application of mind.
“By way of the impugned order, the trial court has erroneously framed charges against the petitioner overlooking the settled principles of law on the point of charge,” he said in the petition.
The petition is likely to be listed for hearing later in the week.
He claimed that there was no credible evidence to corroborate the allegations levelled against him and the trial court’s order was “misconceived”, had been passed “mechanically” and was liable to be set aside.
He alleged that this was a “classic case of witch-hunt and harassment of the petitioner in which he is now being made to face trial for an alleged offence which was committed more than four decades ago”.
Tytler said he is 80 years old and suffering from various ailments, including heart disease and diabetes.
He has sought quashing of the August 30 order of the trial court directing framing of charges against him in the case.
The trial court, on September 13, formally framed charges against him after he pleaded not guilty to the offences.
Besides murder, the trial court had ordered the framing of charges for several other offences, including unlawful assembly, rioting, promoting enmity between different groups, house trespass and theft.
The court had on August 30 said there was sufficient ground to proceed against the accused.
The CBI had on May 20, 2023, filed a charge sheet against Tytler in the case.
Tytler had allegedly “incited, instigated and provoked the mob assembled at Pul Bangash Gurudwara Azad Market” on November 1, 1984, resulting in the burning down of the gurudwara and the killing of three Sikhs — Thakur Singh, Badal Singh and Gurcharan Singh — the CBI alleged in its charge sheet.
The agency had invoked charges under IPC sections 147 (rioting), 148, 149 (unlawful assembly), 153A (provocation), 109 (abetment) read with 302 (murder) and 295 (defiling of religious places) among others.
Citing a witness, the Central Bureau of Investigation (CBI) had said in its charge sheet that Tytler came out of a white Ambassador car in front of Gurdwara Pul Bangash on November 1, 1984, and allegedly instigated a mob by shouting – “Kill the Sikhs, they have killed our mother”.
Three Sikhs were then killed by the mob.
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 last year granted anticipatory bail to Tytler in the case.
