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Delhi Police has been a party to '84 Sikh killings: HS Phoolka

IBNLive.com
May 01, 2013 at 05:13pm IST

Sajjan Kumar's acquittal in the 1984 anti-Sikh riots case has left those, who lost their kins in the massacre, aggrieved. HS Phoolka, who has been spearheading the legal battle for the riot victims, joined IBNLive readers in an interaction on the future of the case as they prepare to take the matter to higher courts.

Q. Mr Phoolka, why is it that the police is not able to build a water-tight case against Sajjan Kumar, Bhagat or Jagdish Tytler? If so many witnesses have seen these men leading mobs and are willing to come in front of national TV and claim to have done so, why is it that the investigators are not building a fool-proof case? What can be done next in order to nail these people and prove them guilty? Asked by: sandeep

Delhi Police has been a party to '84 Sikh killings: HS Phoolka

Lawyer HS Phoolka joined IBNLive readers on Sajjan Kumar's acquittal in the 1984 anti-Sikh riots case.

A. The Delhi Police has been a party to the killings. They actively connived with the killing mobs. This makes the Police also a co accused and obviously they cannot prosecute themselves. The Police has not even registered the cases and wherever they were registered, the police did not file charge sheets in the court. The police has intentionally conducted shoddy investigation to shield the culprits, and the accused should not get the benefit of the same.

Q. Dear Sir, No question, but commend your efforts for fighting for justice for so many years. There have been setbacks, but please do not give up, lost of hopes pin on you. Asked by: mickey

A. Thank you!

Q. What do you think can be done now? With could be the way to resolve this and get justice for those who suffered the riots in 82? Asked by: sandeep

A. A chargesheet for 4 murder cases prepared by the police on 8th April 1992, and signed by the IO and ACP has not been filed in the court till today. Sajjan Kumar is an accused in that chargesheet. This chargesheet must be filed in the court immediately and the police officer who suppressed this for 21 years should be dismissed. we are also filing an appeal against yesterdays judgement.

Q. Are you prepare to take the matter to higher courts? Asked by: Isha

A. Yes we are in the process of filing appeal in the High Court.

Q. What is the future of the case if Congress wins 2014 polls? Asked by: Deepak

A. We will continue our fight till the guilty are punished.

Q. Why anybody in our country is allowed to play with the law?why there is no fear of law or law enforcing agencies? Asked by: raju

A. Some people consider themselves above the law because they are able to subvert the system, like in this case of 1984 the guilty were given plum postings and promotions. The law is the same for all but not implemented equally.

Q. Your views on CBI autonomy. Asked by: Priya

A. CBI should be made totally autonomous from govt control like the election commission of India.

Q. Have Delhi police & CBI worked fairly in this case? Asked by: Kamya

A. Delhi police has shielded the accused and has acted completely dishonestly. The CBI has done a commendable job in this case. The investigations of CBI show that the Delhi Police forged records to favour Sajjan Kumar.

Q. Why SIT is not set up to examine the case? Asked by: Jyoti

A. It is rather unfortunate that no SIT has been set up here. None of the government agencies including the NHRC is talking about the killings of 1984, as if those killed were not even human beings. In cases of Gujrat, on the basis of a petition filed by National Human Rights Commission (NHRC), the SC had appointed an SIT. Unfortunately, in case of 1984 riots though many petitions have been sent to NHRC but it has not done anything at all.

Q. Both the BJP and Congress are perpetrators of riots...do you think, the anti-sikh riots agitation will make any dent in Delhi elections? Asked by: Gyana

A. If the guilty of 1984 had been punished, we wouldn't have seen what happened in 2002. As far as Delhi is concerned, the Congress continues to shield the guilty and many victims are highly upset on this.

Q. Do you think Congress is the most communal party? Asked by: Rohit

A. Under the garb of secularism, they are actually perpetuating communalism. A person who openly declares that he is working on a religious agenda is less dangerous than another person who claims to be working on secular principles but infact perpetuates communalism.

Q. According to you, who in Congress leadership was responsible for '84 riots? Was it the then PM? Asked by: Prabhu

A. The connivance was from top to bottom. A large scale violence of this nature cannot possible happen without the complicity from the highest authority, i.e. the. Moreover his own speech-"when a tree falls,the earth shakes", an attempt to justify the riots, fortifies this fact.

Q. What should I infer from this judgment? A) There is not enough evidence to convict them, seems untrue (Based on petitioner), B) Police or institution responsible to gather and present the facts are manipulated by (open secret: the congress or the higher authority loyal of congress party). Because the evidence are there based on TV reports. C) The Judge themselves are biased and loyal to the congress (I hope it should be the case). Asked by: Satya

A. 6 police officers appeared as defence witnesses to favour Sajjan Kumar. This in itself shows the extent of manipulation.

Q. Phoolka Saab, pls dont give up hope, our sikh brothers and sisters hopes are with you, delhi govt is shameless along with central govt and that too with sikh PM, utterly disgusting. Asked by: Venkat

A. Thank you! We will continue our fight and hop or everyone's support. Public opinion and will can do wonders.

Q. Dear Sir, No question, but commend your efforts for fighting for justice for so many years. There have been setbacks, but please do not give up, lost of hopes pin on you. Asked by: mickey

A. Thank you! We will continue our fight relentlessly.

Q. What is your message to countless Indians who are disappointed by '84 verdict & counting on you? Asked by: Jasraj

A. We have to work very hard to strengthen the system of our country and to show to the world that no one is above the law in India. we cannot give up out of frustration and allow these people to malign the name of the country in the eyes of the world.

Q. Dear Sir, Can this judgement be overturned by High Court or Supreme Court? Asked by: Anil

A. Yes it can. and we hope it will be.

Q. What your message to our silent sikh PM? Asked by: Jasraj

A. A person who silently allows injustice, is as bad as one who actually does the injustice.

Q. Why it took nearly 30 years for a district court to give a verdict? Asked by: laxman

A. The Trial only started in 2010. The chargesheet only came before the court in February 2009.

Q. Do you demand fast track courts for speedy justice in riots cases like Gujarat & Delhi? Asked by: Anuj

A. It is absolutely imperative.

Q. Do you think Congress Govt. is Secular is just play this to gain votes? Asked by: Rahul Kaushal

A. Already answered.

Q. Your views on corruption in Judiciary esp at district courts? Asked by: laxman

A. Even the Chief Justice of this country admits that there exists some amount of corruption.

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