Jagdish Tytler was originally cleared by the Central Bureau of Investigation (CBI).
BBC: 1984 India riots: Congress leader Jagdish Tytler probed
The New Delhi court also asked the CBI to investigate whether Mr Tytler had incited a mob that killed three Sikh men at a shrine in Delhi during the riots, Mr Phoolka added.
Mr Tytler denies any wrongdoing.
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