The Delhi High Court on Thursday declined to stay the CBI probe against Congress leader Jagdish Tytler in a 1984 anti-Sikh riots case. Justice VP Vaish, which was hearing Tytler's plea challenging the CBI court order for reopening the probe against him, also refused to accept his plea for an early hearing of his appeal against the trial court's order for investigation. The HC will hear the matter on April 17 next. On April 10 last year, a trial court had ordered that the case relating to probe into the killing of three persons near Gurdwara Pul Bangash in old Delhi be reopened against Tytler. It also set aside the CBI closure report which gave the Delhi Congress leader a clean chit on the ground that there was "no evidence" against him. Tytler is accused of instigating a mob that led to the murder of three men who had taken shelter at the Gurdwara on November 1, 1984. CBI had claimed before the trial court that Tytler was at Teen Murti House, the residence India's first Prime Minister, Jawaharlal Nehru, where Indira Gandhi's body was kept, at the time of the Pul Bangash incident. It added the agency had already re-investigated the case on the order of a trial court but there was insufficient evidence against Tytler. Subsequently, Tytler was given a clean chit by CBI on April 2, 2009.