The Delhi High Court today asked the Tihar Jail superintendent to file a report on the medical condition of a former Congress councillor, serving life term in a 1984 anti-Sikh riots case, on his claim that he has suffered a fracture.
A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra directed the jail authorities to file the status report during the hearing of convict Balwan Khokhar's plea, seeking interim bail on the ground that he wanted to undergo treatment at Ganga Ram Hospital here as he suffered hairline fracture on his nose.
The court listed the matter for hearing on February 1.
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Congress leader Sajjan Kumar was acquitted in this case by the trial court but Khokhar was convicted along with four others.
Khokhar's counsel claimed that he fell down in jail on December 17, 2017 and suffered the injury and there was a swelling on his face.
To this, the bench remarked that Khokhar appeared to be fine when he had appeared before it earlier this month in another riot matter.
Khokhar was earlier too granted bail for 14 days to enable him to sell his property and arrange funds to pay his lawyers.
Khokhar, retired naval officer Captain Bhagmal, Girdhari Lal and two others were held guilty in a case relating to the murder of five members of a family in Raj Nagar area of Delhi Cantonment on November 1, 1984, after the assassination of then Prime Minister Indira Gandhi.
They had challenged their conviction and the award of life sentence by the trial court in May 2013.
The trial court had acquitted Congress leader Sajjan Kumar but awarded life term to Khokhar, Bhagmal and Girdhari Lal and three-year jail term to two others former MLA Mahender Yadav and Kishan Khokhar.
The convicts have filed appeals before the high court while CBI too has filed an appeal alleging they were engaged in "a planned communal riot" and "religious cleansing". The agency has also appealed against the acquittal of Kumar.
The high court had on March 29 last year issued show cause notices to 11 accused including Khokhar and Yadav in five 1984 anti-Sikh riots cases. The accused, who were acquitted of the charges, were asked why should the court not order reinvestigation and retrial against them as they faced allegations of "horrifying crimes against humanity".
The bench had issued notices on the complaints filed regarding the violent incidents on November 1 and 2, 1984 in Delhi Cantonment area.
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