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1984 riots: Congress leader Jagdish Tytler seeks quashing of charges, pleads alibi

Jagdish Tytler’s counsel says the trial court refused to consider Doordarshan footage that according to him showed the Congress leader's presence at Teen Murti Bhavan when three men died in arson at the Pul Bangash Gurdwara in Delhi during the 1984 riots.

1984 Sikh riotsTytler contends that of the three witnesses the CBI is relying on, Harpal Kaur previously testified in 2008 that she had not seen Tytler inciting any mob at the site of the incident. (File Photo)

Congress leader Jagdish Tytler has moved the Delhi High Court seeking quashing of a trial court’s order framing charges against him in a 1984 anti-Sikh riots case related to the death of three men. He contended that he was at Teen Murti Bhavan in Safdarjung on the day of the incident as was seen in a Doordarshan footage.

Meanwhile, the court Tuesday called for the statement of a witness who has made contrary depositions. The court has scheduled the matter for further consideration on November 29.

The three men died when a mob set fire to the Pul Bangash Gurdwara during the anti-Sikh riots of 1984. On August 30, a Rouse Avenue court had ordered framing of charges against Tytler in the CBI case under several sections of the Indian Penal Code, including 302 (murder), 109 (abetment), 147 (rioting), 153A (promoting enmity between groups), and 143 (unlawful assembly).

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Tytler’s counsel submitted before Justice Manoj Ohri that the FIR in the case was first registered on November 1, 1984, leading to the chargesheeting of 31 individuals, all of whom were subsequently acquitted. A supplementary chargesheet was filed later, in which Tytler was not named an accused, and a third chargesheet was submitted on June 2, 2023, alleging abetment.

Pointing to prosecution documents, the counsel said that Tytler’s presence at Teen Murti Bhavan in Safdarjung on the day of the incident was evident from Doordarshan footage.

“The trial court refuses to look into the Doordarshan footage on the ground that this is my defence and alibi to be considered at the stage of trial but he (trial court) forgets that this is not being provided by me, it is in the prosecution papers. It’s absurd… or you say this Doordarshan footage is false,” the Congress leader’s counsel said. “At the end of the day, three new witnesses have cropped up. Harpal Kaur, Harvinderjit Singh and Abdul Wahid. They have come into picture in 2016 and 2023.”

He contended that Kaur had testified in 2008 that she had not seen Tytler inciting any mob at the site of the incident.

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