1984 anti-sikh riots: Supreme Court seeks CBI’s response on former Congress councillor Balwan Khokhar furlough plea

The Supreme Court on Friday sought response from the Central Bureau of Investigation (CBI) on a furlough plea lodged by former Congress Councillor Balwan Khokhar, one of the convicts in 1984 anti-Sikh riots case.

The Bench of Justice JK Maheshwari and Justice Sanjay Karol asking CBI’s counsel to file a response, listed the matter after two weeks. 

During the proceedings, when it was enquired if the furlough application was on account of a marriage, Khokhar’s counsel replied that it was not on account of marriage and social ties. He further explained that the ground of marriage reflects urgency, but the purpose behind furlough is different.

Furthermore, the counsel also stated that Balwan Khokhar had previously been granted the benefit of furlough, but this time when an application was filed before the jail authorities, the response was that the matter was pending before the High Court.

Eventually, Justice Karol questioned the purpose and occasion of the application, adding that they have seen the convict’s social ties. Pressing on social ties, the counsel said that it is the purpose of furlough under rules also. He mentioned that one option for the court was to direct authorities to consider Khokhar’s furlough application till the issue is decided.

The case relates to the killing of five Sikhs and burning down of a Gurdwara in Raj Nagar area of Palam Colony (South West Delhi) on November 1-2, 1984. The case was preceded by the assassination of then Prime Minister Indira Gandhi on October 31, 1984 by her two Sikh bodyguards.

Balwan Khokhar was convicted and sentenced to life imprisonment by the trial court in 2013. The Delhi High Court in 2018 affirmed the trial court order, which was challenged before the Supreme Court vide the present appeal. While the matter was pending in 2020, the apex court granted 4 weeks parole to Khokhar to attend the last rites of his deceased father.

Later in the same year, Khokhar preferred a petition before the Supreme Court seeking interim bail in view of the pandemic and notice was issued to CBI in the plea. Khokhar in 2023 filed an application for suspension of the sentence. Though notice was issued, the relief was eventually denied.

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