1984 Anti-Sikh Riots| SC To Hear Sajjan Kumar’s Appeal In July; Clarifies That Suspension Of Sentence Will Be Considered If Final Hearing Is Delayed
The Supreme Court today scheduled the final hearing of appeals filed by former Congress leaders Balwan Kokhar and Sajjan Kumar, both serving life sentences for their roles in the 1984 anti-Sikh riots, for July 2025.
Balwan Kokhar, a former Congress councillor, and Sajjan Kumar, a former Congress leader, were convicted and sentenced to life imprisonment for their involvement in the riots following the assassination of Prime Minister Indira Gandhi in 1984.
The Bench of Justice JK Maheshwari and Justice Aravind Kumar clarified that if the final hearing cannot take place as scheduled, the petitioners would have the liberty to request the Court to consider their prayer for suspension of sentence.
"It is made clear that if the final hearing is not possible, the petitioner would be at liberty to make mention of the grant of prayer to suspend the sentence," the Bench said.
During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati appeared on behalf of the Central Bureau of Investigation (CBI).
The Petitioners’ counsel highlighted the health issues of one of the convicts, mentioning that one petitioner is handicapped.
Justice Maheshwari noted, "We are aware of parole not being granted and we also know all the facts."
Consequently, the Court directed that trial court records be supplied for review and listed the matter for a final hearing in July 2025.
Pertinently, on July 15, 2024, the Apex Court had sought the response of the Central Bureau of Investigation (CBI) in a plea filed by former Congress Councillor Balwan Khokhar, currently serving life imprisonment in the 1984 anti-Sikh riots case, seeking Furlough.
Earlier in May 2020, the Apex Court had denied interim bail or parole on health grounds to former Congress leader Sajjan Kumar. Sajjan Kumar and Balwan Khokhar are lodged in Tihar jail after the Delhi High Court convicted them on December 17, 2018.
Khokhar's life sentence was upheld by the Delhi High Court in 2018, while it had overturned the acquittal of Kumar by the trial court in 2013 in the case related to the killing of five Sikhs in Raj Nagar Part-I in Palam Colony in southwest Delhi on November 1–2, 1984, and the burning down of a gurdwara in Raj Nagar Part-II.
The anti-Sikh 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 also upheld the conviction and varying sentences awarded by the trial court to retired naval officer Captain Bhagmal, Girdhari Lal, and former MLAs Mahender Yadav and Kishan Khokhar.It had also convicted them of criminal conspiracy to burn down residences of Sikh families and a gurdwara in the area during the riots. The Trial Court had in 2013 awarded life imprisonment to Balwan Khokhar, Bhagmal, and Lal, and a three-year jail term to Yadav and Kishan Khokhar.
Following the High Court verdict, the life term of Balwan Khokhar, Bhagmal, and Lal had been upheld, and the sentences of Yadav and Kishan Khokar have been enhanced to 10 years in jail.
Cause Title: Sajjan Kumar v. State; Balwan Khokhar v. Central Bureau of Investigation [Crl.A. No. 1642/2018 & Crl.A. No. 1665-1666/2019]