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

The Supreme Court on December 6 directed the Central Bureau of Investigation (CBI) to file counter affidavits within 2 weeks on a plea filed by one of the former Congress Councillor Balwan Khokhar, one of the convicts in the 1984 anti-Sikh riots, seeking suspension of life sentence. 

In 2013, Khokar was convicted and sentenced to life imprisonment by the trial court in the 1984 anti-Sikh riots. In 2018, the Delhi High Court affirmed the conviction and sentences awarded by the trial court in an appeal filed by the Central Bureau of Investigation.

The case relates to the killing of five Sikhs—Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh— who belonged to the same family, in the 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 following Indira Gandhi's assassination on October 31, 1984. The riots had broken out after the assassination of then-prime minister Indira Gandhi on October 31, 1984, by her two Sikh bodyguards.

The case against the convicts was registered in 2005, on the recommendation of the Justice GT Nanavati Commission. The trial court had then, in 2013, convicted five of them—Khokkar, former legislator Mahender Yadav, Kishan Khokkar, Girdhari Lal and Captain Bhagmal—while acquitting Congress leader Sajjan Kumar.

Before a bench of Justices J.K. Maheshwari and Rajesh Bindal, before which the matter came up today, Khokhar's furlough application is also pending.

Additional Solicitor General Aishwarya Bhati (for CBI) submitted that she would get the nominal rolls including his conduct in jail within a period of 2 weeks. 

Bhati also stated that on 3 occasions in the past, his bail was rejected. 

When counsel appearing for Khokhar stated that he already has the jail authorities certificates, the Court responded that there is a procedure which must be followed. 

Apart from this, the criminal appeal of Sajjan Kumar is pending before the same bench.

Kumar has challenged the 2018 order of the High Court in which he was awarded life sentence for offence of criminal conspiracy punishable under Section 120B read with Sections 302, 436, 295, and 153A (1) (a) and (b) IPC; for the offence punishable under Section 109 IPC of abetting the commission of the aforementioned offences; and for the offence of delivering provocative speeches instigating violence against Sikhs. The High Court overturned the acquittal by trial court while affirming the sentence of other accused persons. His prayer seeking bail was dismissed by the Court.

The High Court's order was challenged before the Supreme Court vide the present appeal. In Khokhar's case, while it was pending, in 2020, the Court granted 4 weeks' parole to him to attend the last rites of his deceased father. Later, in the same year, he 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 the same petition, an IA was filed seeking suspension of sentence.

Case Details: BALWAN KHOKHAR v. CENTRAL BUREAU OF INVESTIGATION.,Crl.A. No. 1665-1666/2019 & SAJJAN KUMAR v. STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, Crl.A. No. 1642/2018.

Appearances: Advocate Rakesh Dahiya (for Khokhar) and Advocate Salman Hashmi (for Sajjan Kumar)