1984 Anti-Sikh Riots : Medical Condition Of Sajjan Kumar Precarious, Supreme Court Told; Bail Plea Advanced

The matter was taken up on a mention made by Senior Advocate Shyam Divan who submitted that Kumar's medical condition was quite precarious.

Taking note of the fact that it was not disputed that Kumar was being medically attended to, the bench in its order said,

"On mentioning, the matter was taken up. It is submitted by learned senior counsel for the appellant that the condition of the appellant is quite precarious. It is, however, not disputed that he is already being medically attended to. Since there is no opposition from the opposite side, we prepone the date of hearing to 03.09.2021."

Yesterday, the Top Court while directing the CBI to file an affidavit by September 6, 2021 had asked it to verify the medical condition of ex Congress leader Sajjan Kumar, convicted in 1984 anti-Sikh Riots case who is seeking interim bail on health grounds.

The case relates to killing of five Sikhs in Raj Nagar part-I area in Palam Colony in South West Delhi on November 1-2, 1984, and the burning down of a Gurudwara in Raj Nagar part II during that period. The riots had broken out after the assassination of then prime minister Indira Gandhi on October 31, 1984 by her two Sikh bodyguards.

The high court had rejected Kumar's plea seeking extension of time till January 30 to surrender for serving his punishment.

A bench of Justices S Muralidhar and Vinod Goel said it saw no grounds to grant him the relief and rejected his application. It had asked Kumar to surrender by December 31.

The six accused, including Kumar who was a Member of Parliament at that time, were sent for trial in 2010. Three years later, the lower court convicted five of the accused but acquitted him of all the charges.

The high court upheld the conviction and varying sentences awarded by the trial court to the other five -- former Congress councillor Balwan Khokhar, retired naval officer Captain Bhagmal, Girdhari Lal and former MLAs Mahender Yadav and Kishan Khokhar. It also convicted them for criminal conspiracy to burn down residences of Sikh families and a gurdwara in the area during the riots.

The trial court in 2013 had awarded life term to Khokhar, Bhagmal and Lal, and a three-year jail term to Yadav and Kishan Khokhar. Following the high court verdict, the life term of Khokhar, Bhagmal and Lal has been upheld, and the sentence of Yadav and Kishan Khokar has been enhanced to 10 years in jail. All six, including Kumar, were directed by the high court to surrender by December 31, and not leave Delhi.

On January 14, the Supreme Court bench headed by Chief Justice Ranjan Gogoi had issued notice on Congress Leader Sajjan Kumar's plea against his conviction and sentence in the 1984 Anti-Sikh Riots Case.

Case Title: Sajjan Kumar v CBI