The Delhi High Court today queried the need for interim bail to a former Congress councillor, serving life term in a 1984 anti-Sikh riots case, for availing medical treatment when he was getting the "best" healthcare from five top hospitals at state expense while in prison.
A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said that while the injury suffered by convict Balwan Khokhar was not life threatening, people outside suffering from serious ailments were able to get treatment from only one such hospital.
"You are getting the best treatment from five hospitals (including the AIIMS, G B Pant, Ram Manohar Lohia) for your ailments at government expense. There is nothing critical or life threatening.
"Even your transportation and security expenses are borne by the state. Someone outside with such difficulties or even life threatening diseases may be able to approach any one of the five hospitals," the court remarked.
The court's observations came during the hearing of Khokhar's plea for interim bail on the ground that he wanted to undergo treatment at the Sir Ganga Ram Hospital here for a hairline fracture on his nose.
The bench asked the Tihar jail superintendent to file a report on whether Khokhar had suffered any fracture.
It sought specific information from the prison on the convict's plea since the jail authorities had not given details in its report.
Khokhar's counsel claimed that his client fell down in jail on December 17, 2017 and suffered the injury and there was a swelling on his face.
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 have challenged their conviction and the award of life sentence by the trial court in May 2013.
Congress leader Sajjan Kumar was acquitted in the case by the trial court.
The trial court had 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 the 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 notice 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 notice on the complaints filed regarding the violent incidents on November 1 and 2, 1984 in Delhi Cantonment area.
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