The Supreme Court on Friday refused to entertain a plea by Congress leader Jagdish Tytler seeking a stay on proceedings against him in a trial court. The apex court said the proceedings against Tytler in the trial court would continue.
Earlier this month, the Delhi High Court denied to issue stay order against a Delhi’s lower court’s order directing the Central Bureau of Investigation (CBI) to reopen investigation against Congress party leader Jagdish Tytler in a November 1984 Sikh massacre related case.
But the High Court has reportedly issued notice to CBI and the complainant to file on a plea moved by Jagdish Tytler against the orders of lower court.
Jagdish Tytler (Indian politician who participated in organizing Sikh genocide 1984)Jagdish Tytler (Indian politician who participated in organizing Sikh genocide 1984)As per information Justice SP Garg has sought response from the CBI and the complainant, Lakhwinder Kaur, who have been directed to file their replies with in four weeks.
The matter was adjourned for September 18, 2013.
“Only investigation was ordered and this court will not stop the investigation” Justice Garg reportedly said while denying the stay plea.
It is notable that in November 1984 thousands of Sikhs were killed throughout India in a planned genocide. State participation to this genocide is established through various reports, but the fact of genocide remains unrecognised till date.
The perpetrators of the genocide have enjoyed impunity for last 29 years and most of the cases of Sikh genocide remains without investigation or trial.
Jagdish Tytler is an Indian politician related to Congress (I) party, who was one of the perpetrators of the massacre of Sikhs in Delhi.
He was able to successfully evade investigation or trial for last 29 years. In 2007 the CBI had opened investigation against Jagdish Tytler but he was granted “clean chit” by CBI in March 2009 on the ground that there was “no evidence” against him, while there are witnesses who are ready to depose against Jagdish Tytler.
On April 10, a trial court ordered that the case be reopened against Jagdish Tytler and also set aside the CBI closure report.
The trial court’s order came on a plea filed by genocide survivor Lakhwinder Kaur, who sought a further probe into the killing of three people near Gurdwara Pul Bangash in old Delhi.
Tytler is accused of instigating a murderous mobs that led to the murder of three Sikh men who had taken shelter at the Gurdwara on November 1, 1984.
In his plea Jagdish Tytler as claimed that “The trial court order is contrary to the Criminal Procedure Code. The method and mode of investigation by a probe agency is the absolute prerogative of the agency. It is not for the court to direct the agency about which witness should be examined by it”.