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1984 Senior lawyer Phoolka withdraws from anti-Sikh riots cases

Discussion in 'History of Sikhism' started by spnadmin, Jul 21, 2010.

  1. spnadmin

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    A senior advocate, appearing for the 1984 anti-Sikh riots victims in different courts, on Tuesday decided to withdraw from all the cases following allegations of “personal benefits” levelled against him.

    “I’m constrained to take a hard decision to withdraw from all the cases of 1984 riots in view of a statement made by Delhi Sikh Gurudwara Management Committee.

    “I have not charged a single penny for the (riot) cases but now even near clerical expenses incurred by the Gurudwara Committee are termed as wastage,” senior counsel H.S. Phoolka said.

    “I’m forced to take this drastic step because these allegations immensely disturbed me,” he said.

    He informed about his decision in an SMS sent to this journalist late tonight.

    Mr. Phoolka has been on the forefront of raising a banner of support for the riot victims during judicial proceedings. He was appearing on behalf of the victims in riots cases filed against senior Congress leaders Jagdish Tytler and Sajjan Kumar.

    http://www.thehindu.com/news/national/article525582.ece
     

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  3. Hardip Singh

    Hardip Singh India
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    I doubt it. But if its true, sorry to say to all concerned Sikhs that we have lost our voice against the battle to have a justice for 84 victims.
     
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  4. spnadmin

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    I was alarmed in reading this. Most likely the campaign is worse than we realize. In India, as in the UK, Canada, US - all with similar systems of justice - an advocate has to avoid even the "appearance" of conflict of interest. My guess is that is why he had to do it. It is pitiful.
     
  5. kds1980

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    http://timesofindia.indiatimes.com/...rom-all-victims-cases/articleshow/6194420.cms

    NEW DELHI: Just when the conviction of a political leader for the 1984 massacre seems more realistic than ever before, the advocate who spearheaded the struggle all these years, H S Phoolka, has decided to withdraw from all the riot cases. This is in response to an allegation made by the president of DSGMC, Paramjit Singh Sarna, that Phoolka had "wasted" the community's money in the course of his campaign for justice.

    Phoolka's withdrawal decision comes two days after former Congress MP Sajjan Kumar suffered a major setback as the Delhi high court upheld a murder charge framed against him in a case in which victim Jagdish Kaur has already identified him during the trial as the leader of the mob that had killed her husband.

    Speaking to TOI, Phoolka said that he was forced to think of giving up the 1984 cause as he had been "abused and humiliated" by Sarna on July 17 at a meeting in which several prominent Sikhs, including senior advocate K T S Tulsi, were present. "I was hurt that when Sarna had attacked my integrity and record of service, not a single Sikh, not even my bar colleague Tulsi, came to my defence," Phoolka added.

    The burden of Sarna's attack at the meeting was that when Phoolka appeared before the Justice G T Nanavati Commission on behalf of victims from 2000 to 2004, DSGMC had spent Rs 1.09 crore on the administrative expenses incurred by his team. This, he alleged, proved to be a waste as no benefit came out of it to the Sikh community.

    Rubbishing this, Phoolka said much good had come out of the Nanvati probe: PM Manmohan Singh apologized for the carnage, the compensation for the families of dead victims was enhanced to Rs 10 lakh, Jagdish Tytler resigned from the Cabinet and the cases that Sajjan is currently facing were reopened on the basis of that report.

    Phoolka also asserted that for all the legal work he did in connection with the carnage before various inquiry bodies and courts, "I never charged a penny as my fee. Whatever was spent by DSGMC was on unavoidable..." Sarna said that he had fallen out with Phoolka over a proposal to file a complaint against minister Kamal Nath as he had been found by the Nanavati Commission to have been present when a mob attacked Rakabganj Gurdwara and killed two Sikhs. Since Nath was given the benefit of the doubt by the commission, Sarna was unconvinced about Phoolka's suggestion to file the complaint.

    Phoolka said he had now decided to write to Akal Takht, to make alternative arrangements for representing victims before courts. Tulsi, on his part, said the dispute raised by Sarna could not be taken as a reflection on Phoolka's immense contribution to the cause.
     
  6. kds1980

    kds1980 India
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    As usual the congress played its trump card Paramjit singh sarna because this time sajjan kumar is trapped
     
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  7. Archived_Member16

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    Akal Takht Summons DSGMC Chief

    Amritsar - Jul 21, 2010


    Akal Takht today summoned Delhi Sikh Gurdwara Management Committee President (DSGMC) Paramjit Singh Sarna for making a statement which prompted senior advocate H S Phoolka's decision to withdraw from 1984 anti-Sikh riots cases.

    Taking serious view of DSGMC's allegations of "personal benefits" against Phoolka, the Jathedar (Head Priest) of the highest Sikh temporal seat Gyani Gurbachan Singh has asked Sarna to appear at the Akal Takht at an emergency meeting convened on July 26.

    The Akal Takht issued the summon to Sarna after Phoolka wrote to the Jathedar telling him that he was shocked at Sarna's allegations of receiving crores of rupees as personal benefit.

    Describing his battle for justice for the riot victims as a "spiritual cause" Phoolka said the allegations had robbed him of his peace of mind.

    He said that he was offered funds by various NRI Sikhs but refused and had so far got merely Rs 15,000/- and nothing else.

    Meanwhile, the Jathedar also issued a directive to Phoolka to continue his fight for justice to the victims of the anti-Sikh carnage.

    Hurt over the DSGMC's allegations, Phoolka appearing for 1984 anti-Sikh riots victims in different courts, yesterday decided to withdraw from the cases.

    Phoolka himself had suffered at the hands of rioters who ruled Delhi's streets for three days following the assassination of then Prime Minister Indira Gandhi Oct 31, 1984.

    Phoolka described Sarna's allegations as part of "a deep rooted conspiracy to shield (some) guilty Congress leaders who were involved in the genocide and were close to the DSGMC chief."

    source: http://news.outlookindia.com/item.aspx?688147
     
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  8. spnadmin

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    Kanwardeep Singh ji

    I am aware of the story you posted. It is still not clear why he would withdraw from the position instead of hang in there and fight. Being "humiliated" - A logical reaction to what happened to him. How does that lead to withdrawing from the case?

    Soul_jyot just posted this, Phoolka described Sarna's allegations as part of "a deep rooted conspiracy to shield (some) guilty Congress leaders who were involved in the genocide and were close to the DSGMC chief."

    Is he trying to show that the cards are stacked against him and he will not be able to prevail?

    Is he trying to shame the Congress party?

    Bowing out is an extreme move.
     
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  9. kds1980

    kds1980 India
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    I agree bowing out is such an extreme move and I don't know why a fearless man Phulka is doing this.He even fought for victims at the time of Rajiv Gandhi when he was nothing and facing financial difficulties
     
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  10. spnadmin

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    Kanwardeep Singh ji

    In a very personal way, I can understand what he may be thinking/feeling. There have been times in my professional life when people I admired but did not particularly trust, and people that I admired and trusted, did not stand behind me over a matter of importance. First these people elected me to represent their professional interests, and then tried to undermine what I could do. Usually out of cowardice. In other words, it was easier to let someone else take all the risks. Later when I was successful they could and did accept the honor of success. More than once I have in a scenario and called their "bluff." Made a serious offer to back out, and allowed them to hoist by their own petards (Injured by the bomb that you intended to use to injure others).

    So it makes perfect sense to me.

    On the other hand it makes no sense to me. The cause for justice for '84 victims is so great that personal humiliation and even the betrayal of friends is not a good enough reason. This is too great a moment to regain justice finally.

    Enter the Akal Takht - now calling Sarna for an explanation, and now ordering Phoolka to resume his duties. That is what we say in the US "queering" the game.

    Is Akal Takht seizing a political window of opportunity to embarrass panthic enemies, the Delhi Gurdwara Management Committee, led by Sarna, and take advantage of yet another opportunity to swordfight the Union Government and the Congress Party, whilst remaining firmly aligned with BJP.

    If this is the strategy, then for sure there is no justice in this story. The widows of 1984 and their children are surely political footballs. And this is a drama not a legal proceeding. And Phoolka needs to stay in the case because in this drama he is the only person known for integrity.
     
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    #9 spnadmin, Jul 22, 2010
    Last edited by a moderator: Jul 22, 2010
  11. spnadmin

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  12. Hardip Singh

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    This whole episode is nothing but Congress gameplan to use Sarna and his team to replace and get rid of Phulka and put K T S Tulsi in his place, who is Congress's own legal man. This is a very big consipracy to malign Phulka jee. lets be awre of sarna s game plans.
     
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  13. dalbirk

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    I wholeheartedly agree with Hardip ji , Sarna is playing games to sideline Phoolka by hook or crook & put KTS Tulsi in his place .
     
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  14. spnadmin

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    Dalbirk ji

    That is a really interesting interpretation. Now you and Hardip have both posted this idea. I am all ears and eyes. Why do you think that is the game plane -- and I say this with sorrow because it is yet more suffering and delay for the widows and orphans.
     
  15. spnadmin

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  16. a.mother

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    A Painful part of life lots of UPS and downs. Sardar Phoolka ji you don't need any certificate from any Sarna's. Some people just want you to dis-continiew this sewa what you are doing for your innerself and injurerd souls.
    As we all know they just want to shake your faith for justice. As we all know even in sikh history hundreds years ago same situations arose but you have to CONTINIEW the path. And at the end you don't have to answer any sarna or someone like him there is someone else who is takeing care of this LEKHA-JOKHA.
    I know its very hard to work with wounded soul but this is not only for you, this is for poeple who suffer through unujstice. AND SIKHS FIGHT FOR UNJUSTICE and it doesn't matter with who.
     
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  17. Adsmangat

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    Perhaps S.Phoolka has lost his coolness and he must keep in mind that he is not fighting for Sarnas but for his tens of clients' sentiments .He should have informed his clients instead of Jathedar Akal Takhat Sahib who is neither concerned with the court cases nor is a hiring authority for the Lawyers . The Akal takhat sahib was perhaps already ready to call Sarna for his any type of explaination . It is an affair happening in Delhi Courts for which even SGPC is also not answerable .
    Anyway the embarssament given to S.Phoolka is unfortunate at this crucial juncture . S.Sarna was on Air in a live show here in Vancouver on line yesterday (25th July) and he denied any such action taken by him. He said that the conversation was held in a close door meeting and he never went to media ever on this issue .
    Perhaps S.Phoolka might have done some haste in doing so . There was a news in media that S.Chandyoke an earlier Prez of DSGMC also asked Phoolka some time back about the account details fo Rs.50.00000/- , but Phoolka sahib never raised any hue and cry then . S.Sarna said that DSGMC had been paying Rs.250 cash and ration for many years, to the suffering families till the financial assistance was raised to Rs.1000/- pm .The DSGMC has also not helped the victims to the desired extent .
    The sangat will remember that some women of riot hit families came to see the Jathedar Akal takhat, some time back but they were thrown out forceably out of complex of Darbar sahib and even were not allowed to take langar . The sgpc and SAD govt is also doing an eye-wash in the past . Now when a delhi based case has been refered to Akal takhat sahib , did SAD took permission of JAT when they launched some candidates for Assembly Elections at Delhi and all were defeated ?
    The Sarnas now will shortly be punished and put to some Religious Sewa soon just to tarnish their image during the coming sgpc Elections .
    adsm:redturban:
     
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  18. Archived_member13

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    Gurfateh ji,

    H.S. Phoolka has been fighting a lone battle to get justice for the victims of 1984 against all odds then DSGMC played it's card to buy some more time to further delay charges against Sajjan Kumar and many others for the fact that it is just a political
    gimmick weather BJP or Congress is one in the same and political Establishment of Akal
    Takth Sahib surely blames congress for this genocide and at the same time remains
    firm with BJP.

    If political establishment would have been honest in their approach it should not have
    taken 26 years to for the conviction of many cases which are pending with both High
    courts and supreme courts and I think HS Phoolka has maintained his integrity all along.

    Their needs to be chance in Akal Takth Sahib if that happens things the results could be
    much better.

    Regards

    Gurveen Singh
     
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