SC refuses to grant interim bail to 1984 anti-Sikh riots convict Mahender Singh Yadav

The Supreme Court Wednesday refused to entertain a plea for interim bail of convict and former MLA Mahender Yadav, serving 10 years jail term in a 1984 anti-Sikh riots case, on the ground that he has been admitted to the ICU after being tested positive for COVID-19.  A bench of Justice Indira Banerjee and Justice BR Gavai refused to entertain the interim bail plea of Yadav saying he was being given treatment in hospital where no relative is allowed.

"Everything possible is being done for the treatment of the petitioner (Yadav). The family has no grievance related to the treatment. There is no other specific suggestion forthcoming from the family which they wish to take. The application cannot be entertained," the bench said.

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Apart from Yadav, former Congress leader Sajjan Kumar and former Congress councilor Balwan Khokhar are serving life imprisonment in the case after the Delhi High Court had convicted them on December 17, 2018. Furthermore,  the apex court, on May 13, had dismissed the interim bail plea on health grounds of former Congress leader Sajjan Kumar in the case saying that he did not need hospitalization as per medical report at the moment.

Senior advocate R Basant, appearing for Yadav, contended that the petitioner is in the ICU, and even in the hospital, he is in custody. Two constables are posted outside his ward and no relatives are allowed to visit him, Basant submitted.
Justice Banerjee said "if a person is in ICU or general ward, no relative can visit. Generalisations cannot be made in such cases. How can we make such a rule just for him? If allowed in this case... Everyone will come. I don't think we can entertain this petition..."

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Nearly 3,000 Sikhs were killed in the riots in 1984. 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 the other five -- Khokhar, retired naval officer Captain Bhagmal, Girdhari Lal and former MLAs Mahender Yadav and Kishan Khokhar.

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(Image credits: PTI)