1984 Anti-Sikh Riots : Supreme Court Seeks CBI’s Response To Former Congress Councillor Balwan Khokhar's Plea To Suspend Sentence

As Advocate, Mr. Rakesh Dahiya, appearing on behalf of Khokhar apprised a Bench comprising Justice S.K. Kaul and Justice A.S. Oka that the petitioner has undergone more than 5 years of imprisonment, Additional Solicitor General, Mr. Vikramjit Banerjee sought permission to file a reply to the plea. Justice Oka noted that Khokhar has been behind the bars for more than 8 years now. While issuing notice, the Bench directed the Central Bureau of Investigation (CBI) to file its response within a period of four weeks.

Mr. Banerjee submitted that the petitioner was granted bail. However, the Counsel for the petitioner claimed that he was enlarged on interim bail and his regular bail was rejected.

In 2013, Khokar was convicted and sentenced to life imprisonment by the trial court in the 1984 anti-Sikh riots in Raj Nagar area. In 2018, the Delhi High Court affirmed the conviction and sentences awarded by the trial court.

The case relates to the 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 Gurdwara 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’s order was challenged before the Apex Court. While it was pending, in 2020, the Supreme Court had granted 4 weeks’ parole to Khokhar to attend the last rites of his deceased father. Later, the same year, he preferred a petition before the Apex Court seeking interim bail in view of the pandemic and notice was issued to CBI in the plea.

[Case Title: Balwan Khokhar v. CBI Crl. A. No. 1665-66/2019]