The Supreme Court today imposed an interim stay on the trial in a defamation case filed against senior Congress leader Jagdish Tytler in a Ludhiana court in Punjab.
A Bench headed by Chief Justice K.G. Balakrishnan passed an interim order and posted to December 12 the hearing on Tytler’s application for shifting the trial from Punjab to Haryana.
The case, pending before a Ludhiana court, was filed by senior advocate H.S. Phoolka, who is spearheading a campaign against Tytler for his alleged involvement in the 1984 anti-Sikh riots.
The apex court had earlier sought a response from the Punjab government on the allegation by Tytler, a Lok Sabha MP, that he will not get fair trial in the Ludhiana court and there was also a security threat to him.
A notice was also issued to Phoolka, who had filed the defamation case in 2004 against Tytler, accusing him of making slanderous statements during a programme telecast by a private TV channel.
The Congress leader approached the apex court after the Punjab and Haryana High Court dismissed his petition seeking transfer of the defamation case.
The Justice G.T. Nanavati Commission, which inquired into the anti-Sikh riots, had recommended initiation of criminal proceedings against him.
Senior advocate Harish Salve, who appeared for Tytler in September and raised the same grounds before the High Court for shifting the trial, saying whenever he goes to Punjab the same old story about the riots and his alleged involvement in them was spread, making the atmosphere unsuitable for him to visit Ludhiana for the case.
Tytler had alleged that though the advocate who filed the complaint practises in the Delhi High Court, he preferred to file the case in Ludhiana with the sole purpose of harassing him.