Introduction:
In the case of Balwan Khokhar v. CBI, a former Congress Councillor convicted in the 1984 anti-Sikh riots case, filed a furlough application seeking temporary release. The Supreme Court, presided over by Justices JK Maheshwari and Sanjay Karol, called for a response from the Central Bureau of Investigation (CBI) and listed the matter for further consideration.
Arguments of Both Sides:
Khokhar’s counsel clarified that the furlough application was not based on marriage but on social ties. Despite Khokhar’s previous grant of furlough, the jail authorities cited pending matters before the High Court. The counsel emphasized the purpose of furlough under rules and proposed that the court direct authorities to consider Khokhar’s application until a decision is reached.
Court’s Judgment:
The Supreme Court, while acknowledging Khokhar’s social ties, sought a response from the CBI before making any decision on the furlough application. Justices Maheshwari and Karol indicated the possibility of referring the matter to the appropriate authority and scheduled the next hearing in two weeks.