1984 anti-Sikh riots case: HC to hear on Nov 29 Jagdish Tytler's plea against charge framing

The high court then listed the matter for further hearing on November 29. Tytler, in his plea, claimed he was a victim of a "witch-hunt" and 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. During the hearing, Tytler's counsel raised a plea of alibi, claiming that he was not present at the spot at the time of the incident.

The plea was opposed by the CBI's counsel and the victims who submitted that the plea of alibi had already been decided and rejected by the high court. In his petition, Tytler 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 Gurdwara Azad Market" on November 1, 1984, resulting in the burning down of the gurdwara 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 had in its charge sheet said 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.