‘Failure of criminal justice system has resulted in influential politicians going scot-free’

October 31, 2014 12:15 pm | Updated November 16, 2021 07:12 pm IST

An overcrowded Sikh protection camp at Shahadara. Photo: The Hindu Archives

An overcrowded Sikh protection camp at Shahadara. Photo: The Hindu Archives

Senior advocate Harvinder Singh Phoolka, who single-handedly took up the protracted battle for securing justice for the victims of the 1984 anti-Sikh riots in Delhi, feels the failure of the criminal justice system has resulted in some influential politicians going scot-free.

The evidence that they led violent mobs on the streets of the Capital was largely ignored as cases against them were weak and the prosecution was never serious about pursuing them. However, numerous reports and probes by civil society groups, as well as eyewitness accounts available in the public domain 30 years after the massacre prove that the horrific scale of violence could not have taken place without the complicity of the State. State-sponsored violence has emerged as a pattern in the country, that seemingly strengthens political parties, added Mr. Phoolka.

At the age of 29, though still new to practising law in Delhi, Mr. Phoolka decided to help the victims during the aftermath of the violence. He was instrumental in forming the Citizens’ Justice Committee with the help of legal luminaries to represent victims before various judicial commissions. He has fought the battle with a missionary zeal and taken up individual cases concerning involvement of Congress leaders.

After the death of about 3,000 Sikhs in Delhi alone, the cover-up by successive governments at the Centre has led to the conviction of just 30 persons in murder cases so far. About 200 others were given mild punishments for minor offences like violation of curfew and assault, but very few actually went to prison. As of now, only 10 persons are lodged in jail.

Mr. Phoolka told The Hindu that while the convicts are relatively unknown people, who can at best be described as Congress supporters, cases against senior party leaders like Sajjan Kumar, Jagdish Tytler and H.K.L. Bhagat have made no progress. In fact, as many as 237 cases were closed by the police.

At present, only one case is pending at the stage of recording of evidence at the Karkardooma Court, where the judge has retired and the posting of a new presiding officer is awaited. Investigations in the cases against Mr. Tytler and Mr. Kumar are still pending, even as the charge-sheet against the latter has not been filed despite being prepared by an Assistant Commissioner of Police in 1992.

Mr. Phoolka pointed out that the reports of the inquiry commissions headed by Justice Ranganath Misra, Justice G.T. Nanavati and a number of official committees had no impact on the police machinery, which was expected to carry out fair and unbiased investigation.

“Commissions and committees could only give recommendations. There were wide scale allegations of connivance of the Delhi Police in the riots and cover-up.”

The noted lawyer, who practises in the Supreme Court and the Delhi High Court, said since complete justice is not possible now, at least “symbolic justice” must be meted out.

“If perpetrators of the 1984 violence had been punished, major incidents of communal violence in Gujarat [2002], Kandhamal [2008] and recently in Muzaffarnagar would not have taken place.”

On Mr. Phoolka’s representation, the Aam Aadmi Party Government in Delhi had earlier this year recommended the formation of a Special Investigation Team to re-investigate the riots and murder cases closed by the police. However, neither the previous UPA Government nor the present NDA Government have acted upon it.

Mr. Phoolka, who joined AAP this year and contested the Lok Sabha election from Ludhiana in Punjab, has also authored a book, “When a Tree Shook Delhi”, along with journalist Manoj Mitta, giving an account of the anti-Sikh massacre.

“Our struggle is not borne out of vengeance. It is meant to ensure a secure future for the country and send across a message that political protection will not absolve a criminal of the law,” he said.

Mr. Phoolka is among the organisers of a long march being held from Mandi House to Jantar Mantar here this weekend to raise voice against communal violence aided and abetted by those in power. The 30th anniversary of the 1984 violence signifies the continued struggle for not only justice and fair play, but also to stop criminalisation of politics that has wreaked havoc on the citizens.

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