Like William Shakespeare’s Hamlet whose tragedy was the result of a tragic flaw in his ‘procrastination’ and like Ravana, who failed his entire empire because of his fondness for Sita, the Supreme Court lawyer and AAP leader H.S.Phoolka has proved to be a flop lawyer as he has failed to secure punishment to accused of 1984 Delhi riots Sajjan Kumar and Jagdish Tytler.
After all how do you describe failure or success? Sikhs have been waiting to get justice for over 31 long years and yet there is no trace of justice. It is a clear case of failure of a senior lawyer who completely failed to get justice resulting in conviction of even one accused. What to speak of conviction of even person, the case is far from reaching any logical conclusion even after 31 years when many family members of victims of 1984 have left this world after an endless and futile wait.
It is sad that H.S. Phoolka had failed to get even one of the so main accused in the 1984 genocide of Sikhs convicted despite having a carte blanche from the Sikh community to plead their cases for the past 31 years. The question arises as to what Phoolka had been doing all these years. Agreed that legal system works slow but not that slow Mr. Phoolka! There are no takers for such justification.
Instead of owning your own folly, you are now trying to politicise the tragedy on the orders of Delhi Chief Minister, Arvind Kejriwal and your party leadership in Punjab in view of forthcoming elections in the state. Your concern now appears totally political with no time left for legal battle in the hon’ble Courts to get justice.
Mr. Phoolka as a senior lawyer and now in your capacity as a political leader and an activist of Aam Aadmi Party, you owe an explanation to Sikhs the world over why have you belied the hopes of 1984 riot victims? What all have you done in these 31 years to espouse their cases? Will not your joining a political party whose record in Delhi is dubious, go against the interests of Sikh community? What are your plans to assuage the hurt feelings of Sikhs and what assurance do we expect from you for the hurt psyche of Sikhs and victims of 1984 brutal genocide.
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Senior lawyer turned Aam Aadm Party leader, H.S. Phoolka has all these years gained notoriety for positioning himself outside Courts where cases of 1984 riot victims are being heard to gain popularity at the cost of victims. The cases may not have reached any logical conclusion but one can find Phoolka giving bytes to media persons outside courts.
Phoolka’s modus operandi
It is time Phoolka should tell the Sikh community whether he had pleaded the cases of the victims as a social cause or charged fee indirectly for the same. In case of Phoolka, the modus operandi has been most ingenuous, to not to charge anything directly but through his juniors. This has been continuing for years together. Only when it dawned on the victims that you and your junior lawyers were unsuccessful in getting even one of the main accused prosecuted that they began pursuing the cases themselves.
DSGMC pursuing cases now
In some cases the Delhi Sikh Gurdwara Management Committee itself pursued the cases. In one such case, the DSGMC had recently pursued the case against Congress leader Jadish Tytler vigorously. The victim Lakhwinder Kaur had appealed against the clean chit given by the Central Bureau of Investigation to Jagdish Tytler. The case involved the burning of the Pulbangash gurdwara. In another case involving Congress leader Sajjan Kumar one of the victims Sheela Kaur, whose case was being fought by the Delhi Sikh Gurdwara Management Committee that had approached the High Court claiming her statement against the Congress leader had been wrongly recorded by a lower court. It is not only confined to two such cases but a number of victims of 1984 were contemplating to move courts on their own in future. The reason is simple that they have lost faith in you, in your junior advocates and in the system.
Phoolka-the publicity monger
While victims approaching the courts directly and pleading through other lawyers, had received some degree of success, the track record of cases pleaded by you and your so called junior lawyers is abysmally zero. However, to give the impression that you are fighting the cases of all the victims of 1984 riots, you invariably position yourself outside the prominent courts hearing all such cases to give sound bytes to television channels and your version to print media. Does your job involve only gaining publicity through various television channels and newspapers using the piling cases as an alibi for this.
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