1984 anti-Sikh riots case: Jagdish Tytler urges HC to stay trial proceedings against him

New Delhi, Nov 11 (PTI) Congress leader Jagdish Tytler on Monday urged the Delhi High Court to stay the trial proceedings against him in a case related to the killing of three persons in north Delhi’s Pul Bangash area during the 1984 anti-Sikh riots.

Tytler’s counsel submitted that the case is listed for recording of evidence of prosecution witness before a trial court on Tuesday and the lower court be directed not to proceed with the matter till the high court decides his plea challenging framing of charges of murder and other offences against him.

Justice Manoj Kumar Ohri, who had earlier granted time to Tytler to file certain additional documents, noted that though the documents have been filed, they were not on record.

The high court directed the registry to place the documents on record during the day and said it would take up the matter at 2:15 PM.

Tytler’s petition challenging framing of charges against him is already listed before the high court on November 29 and during its pendency, the leader filed the application seeking stay on the trial of the case.

The application said evidence of prosecution witness Lokender Kaur was recorded by the trial court and her cross examination by the defence counsel is scheduled for November 12.

“The criminal revision petition (of Tytler) raised substantial questions upon the motivation of the prosecution and the investigation conducted by the CBI. Therefore, an order/direction from this court for the trial court to not proceed with the captioned matter till the pendency of the revision petition is expedient in the interest of justice,” the application said.

Senior advocate H S Phoolka, representing the victims, opposed the stay application and said the witness was aged and suffering from various ailments and was being made to appear in trial court several times. For the fourth time, she would be appearing in court on Tuesday, he said.

The high court had earlier asked Tytler’s counsel to file statements of certain witnesses which were not on record.