15 March 2024 8:45 AM GMT
In a furlough application filed by former Congress Councillor Balwan Khokhar, one of the convicts in 1984 anti-Sikh riots case, the Supreme Court today called for a response from Central Bureau of Investigation.
Asking the CBI counsel to file reply, the Bench of Justices JK Maheshwari and Sanjay Karol listed the matter after 2 weeks. Justice Maheshwari said, "maybe we can refer it to the authority".
During the hearing, when it was enquired if the furlough application was on account of a marriage, Khokhar's counsel replied, "not on account of marriage, social ties". He explained that the ground of marriage reflects urgency, but the purpose behind furlough is different.
The counsel further mentioned that 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 matter was pending before High Court.
"What is the occasion, what is the purpose... we have seen your social ties", Justice Karol insisted.
Pressing social ties, the counsel said, "This is the purpose of furlough under rules also...". He added that one option was for the court was to direct authorities to consider Khokhar's furlough application till the issue is decided.
To recap, the case emanates from 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 incident was preceded by the assassination of then Prime Minister Indira Gandhi on October 31, 1984 by her two Sikh bodyguards.
Khokhar was convicted and sentenced to life imprisonment by the trial court in 2013. In 2018, the Delhi High Court affirmed the the trial court order. The High Court's order was challenged before the Supreme Court vide the present appeal. While it was pending, in 2020, the top Court granted 4 weeks' parole to Khokhar to attend the last rites of his deceased father. Later, 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.
In 2023, Khokhar filed an application for suspension of sentence. Though notice was issued, the relief was eventually denied.
Case Title: Balwan Khokhar v. CBI Crl. A. No. 1665-66/2019