1984
Indian Government Stooge Attacks H.S.Phoolka
by MANOJ MITTA
New Delhi, India
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 Sarna - [widely recognized as an Indian government stooge] - 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.
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 1 million,
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 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 the Akal Takht to make alternative arrangements for representing
victims
before thecourts. 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.
[Courtesy: The Times of India]
July 21, 2010
Conversation about this article
1: Ravinder Singh Taneja (Westerville, Ohio, U.S.A.), July 21, 2010, 9:29 AM.
Sad, but in my opinion Phoolka should have pressed on and not taken Sarna'a remarks personally. The cause he was serving is much bigger and nobler than anything Sarna could have said. If Phoolka is quitting in a huff, then he should be re-considering.
2: Irvinder Singh Babra (Brampton, Ontario, Canada), July 21, 2010, 10:38 AM.
Sarna is an organized, combative force in Delhi, on remote control, whose controls are in the hands of greater powers than himself. Sarna's fall is near, just watch it, as he cannot survive any further with menace and nuisance on both hands. These are the sore Sarna Delhi Sikh affairs today. Very bad.
3: N. Singh (Canada), July 21, 2010, 11:35 AM.
How can Sardar Phoolka be reached? We must convince him to continue. He is not answerable to Sarna but to Waheguru and the Panth. We all acknowledge the extraordinary service he has rendered. Sarna is a criminal. He has victimized the victims and now he is attacking Sardar Phoolka. This is indeed a black day in Sikh history!... Also, who the hell is K.T.S. Tulsi? Sardar Phoolka shouldn't worry about him. He is probably another government stooge, at best a coward and mediocre lawyer.
4: Kanwarjeet Singh (Franklin Park, New Jersey, U.S.A.), July 21, 2010, 12:00 PM.
People like Sarna, Badal, etc. should be publicly tried and punished. So, it is okay for the walls of Bangla Sahib Gurdwara to be gilded but it is not okay to pay the expenses for the 1984 pogrom cases?? H.S.Phoolka has been the 'Lone Ranger' fighting the battle for the past three decades - instead of honouring him, these disgusting leaders shame our community. Why do we need the RSS when we have Manmohan Singh (remember: "Forget 1984"), Sarna and company? We did not expect justice from India but at least we could have supported people like H.S.Phoolka. Phoolka ji, in the eyes of your community, you are a hero - do not be discouraged by these jokers.
5: G.C. Singh (U.S.A.), July 21, 2010, 1:50 PM.
Obviously this whole thing between Sarna, a congress supporter, and Phoolka has come to a head because of the perception of imminent prosecution of Sajjan Kumar. The forces behind this move will find some other way to sabotage his prosecution or by many legal technicalities available to them from a pliant and collaborative Indian judiciary, which they have effectively used for the last 26 years. I don't doubt Phoolka's honesty and these charges by Sarna are totally motivated. However, we have to step back and see that by participating in this stunt of commissions, CBI prosecutions and Indian courts, have we given cover to the Indian Government, behind which it has effectively hidden without doing an iota of justice to thousands of victims? So, to all my Sikh brothers and sisters who have still not learnt the lessons of 1984, and who are still clinging to "hope", I have the Brooklyn Bridge to sell to you.
6: Gurinder Singh (Stockton, California, U.S.A.), July 21, 2010, 1:55 PM.
This is a very sad day for Sikhs. Phoolka waged a lonely war against the power of the state, to begin with, when no one else dared to oppose the Congress regime of Rajiv Gandhi. It is equally tragic how an agent of the government was able to sideline him when some hope was on the horizon. Let us all write to Sardar Phoolka to urge him not to give in to this agent of anti-Sikh elements. This is a time when Phoolka should display the spirit of the Khalsa and carry on with the splendid work he has done for all of us.
7: Bhai Harbans Lal (Arlington, Texas, U.S.A.), July 21, 2010, 2:14 PM.
Both Sardar Phoolka Sahib and Sardar K.T.S. Tulsi are respected and experienced advocates. Both are Khande-de-Pahul dhari and observant Sikhs. I have a lot of respect for them. I do not know the reasons behind the scene but I wish that they would continue fighting the causes of 1984. Differences with any person or organization should not impact Phoolka Sahib's historical contributions in this case. We should encourage him to continue serving the Panth.
8: Taran (London, United Kingdom), July 21, 2010, 6:38 PM.
The efforts of Sardar Phoolka are not only commendable but he needs to be honoured and backed by us all the way. On the other hand, we have the Sarna thugs and others who have continually set roadblocks. I request you, Phoolka Sahib, not to give in to these thugs. These are truly testing times for you. May Waheguru bless you with Fateh in the legal battles you are fighting on our behalf. And also, as a community, we stand with you!
9: N. Singh (Canada), July 21, 2010, 8:09 PM.
I have checked on his website and K.T.S. Tulsi might indeed be a government stooge! He was special prosecutor in the Punjab during the insurgency years and "represented the Government before more than ten Constitution Benches including the one which upheld the Constitutional Validity of TADA" ... The TADA Act was the legislation used by the police for unlawful confinement without evidence or trial, for torture and custodial deaths of detainees. It was used extensively in the Punjab and Kashmir and I suspect it has yet to be repelled although I might be wrong. It has been cited and challenged by numerous human rights organizations as being inhumane, and violating citizens' human rights. I don't know where Bhai Harbans Lal is getting his information but my advice would be to check out Tulsi's website and decide for yourself what sort of a man he is - http://www.ktstulsi.com
10: Manjit Singh Bara Pindia (Canada), July 21, 2010, 8:19 PM.
I doubt if anybody else would have had the courage and the tenacity to fight for justice for 26 years. He did not charge any fee to represent the victims. Cases like this would perhaps cost millions in lawyer fees alone. He did not charge any. However, he was dependent on the community for other legal expenses. It is there that both the DGPC and SGPC wanted to play political games. We may request him to continue representing the victims all we want, but without the resources to meet the other expenses he will not be able to do that. It is well known that 'well-to-do' Sikhs will not contribute to this type of cause fearing that they may be labeled as radicals and become subjects of false investigations. Sikhs may spend thousands to serve fancy cuisine to already well fed sangat in the name of seva, may spend millions to put gold and marble on the walls of historical monuments, but I doubt that they would come forward to help fund the expenses associated with this type of legal fight. I think it is because of this that Sardar H.S. Phoolka is stepping back and, in frustration, letting the political leaders have their ways in playing their games.
11: Irvinder Singh Babra (Brampton, Ontario, Canada), July 21, 2010, 8:33 PM.
Let H.S. Phoolka take rest; there are many Phoolkas he has already created in all directions. So, in the words of Margaret Mead, "Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has." I also urge all to help change the un-justified Article 25 which still regards Sikhs as Hindus in India constitutionally.
12: Gurteg Singh (New York, U.S.A.), July 21, 2010, 11:07 PM.
It is very disturbing that K.T.S. Tulsi who was part of the establishment which conducted genocide of Sikhs in Punjab and defended black laws like TADA, is now involved in representing the Sikhs who were victims of the very people Tulsi has worked for all his life. Here is an excerpt from his own web site: "But it must not come as any surprise to those who know K.T.S. Tulsi. He is the man who represented the Punjab police against Sikh terrorists. He supported the action against Jarnail Singh Bhindranwale. Tulsi also defended former Punjab director general of police K.P.S. Gill in a sexual abuse case."
13: Sukhindarpal Singh (Penang, Malaysia), July 22, 2010, 5:28 AM.
"Shub karman tay kabho(n) na taro(n)". Learned brother, don't let the comments of one mere mortal detract from the issues so close to your heart. Legends and legacies are for the long haul. "Jay ko-ee ninda karay harjan ki apna gun na gavaavay." GuruRakha.
14: Harinder Singh (San Antonio, Texas, U.S.A.), July 22, 2010, 7:05 AM.
I had a conversation with Sardar Phoolka last night. The issue had more to do with the high profile cases; rest are noise and distractions. Recall how Jathedar Kaonke's case was dealt with and no one was found guilty of murdering the Akal Takht Jathedar. It is always tough to operate when not only are you fighting the state machinery, but also the seemingly well wishers of the community. Nonetheless, Sardar Phoolka is in good spirits.
15: Singh (Bridgewater, New Jersey, U.S.A.), July 22, 2010, 2:27 PM.
Sarna announced allocation of Rs. 5000 million to cover the gurdwara in gold ... there is no trace of Sikhi in that entire effort. We take rumaaley worth Rs. 150,000.00 to the gurdwaras and yet the 1984 widows are still dying of hunger and injustice. Sarna's son (Preetpal Singh Sarna) is walking on the same path, right here in New Jersey. They just want to control the gurdwaras!
16: Kartar Singh Bhalla (New Delhi, India), July 23, 2010, 2:55 AM.
N. Singh ji: The TADA was allowed to lapse in 1995.
17: N. Singh (Canada), July 23, 2010, 1:30 PM.
Kartar Singh Bhalla ji: 'Lapsed' is not the same as 'Repealed' ... this is distressing news!
18: Harinder (Lucknow, India), July 25, 2010, 10:03 AM.
Sikhs must never give up. Our cherished values are "Perseverence" and "Nischay kar apni jeet karo(n)!"
19: Devinder Pal Singh (Delhi, India), July 26, 2010, 9:05 AM.
Mr. Sarna, I am sure he would be pleased being addressed that way and not as Sardar, could not have given a more vivid testimonial of his being a stooge of the government. However it beats us all that the Delhi Sikh Gurdwara Committee has not once passed a vote against his utterances. Logical conclusion would be that this is a committee of stooges which cannot look beyond its proverbial nose and personal benefits. It is bewildering that none have sought an accountability of the committee's spending which Sarna heads, I am sure the report would not be acceptable to the Sikh masses. It's sad that the committee which has in its fold many intellectuals, has proved spineless and is unable to put a stop to the wanton behavior of people like Sarna. We have got resources which should be put to the best use of the Sikhs and I firmly believe getting justice for the 1984 victims is a good cause. Yes, we are facing hurdles aplenty but let's not compound them and self inflict insult and injury. Sardar Phoolka and Sardar Tulsi should get together to build up the right atmosphere and seek justice from the judiciary. Let the phrase 'justice for all' be seen in practice and felt. Having achieved whatever convictions we can have from the judiciary, we would at least prove that we can fight even if our hands have been tied and our voices gagged. This surely would awaken in Sarna and his likes pride in Sikhi and the will to seek what is just and which is promised by the Indian Constitution. I believe a cleansing is highly required within the Sikhs where such open or veiled acts of toeing the government's line are frowned upon and discouraged. I believe that as a contributing community, Sikhs do deserve the right to justice and seeking the same should be practiced and achieved collectively. Such statements as that issued by Sarna should be discouraged by the community unitedly and it should unanimously decid to bar such individuals from holding its representation.
20: Singh (Boston, MA, U.S.A.), July 26, 2010, 9:47 AM.
The Indian justice system only works to protect the majority and it fails to protect the minorities, whether the minority be so-called "low-caste" Hindus, Christians, Muslims, Jains, Buddhists, women, or Sikhs. This is yet another example of that Sikhs (and other minorities) are slaves and second class citizens in India. Do not be fooled by a Sikh prime minister. He was staged in that position to fool the rest of the civilized world how India treats its minorities. The Indian government is controlled by terrorist RSS, VHP, Bajrang Dal and BJP. What is the solution? There is one. All minorities need to get united for justice for each other. We need to stand for justice for all humanity (including Hindu victims). The true colors of the Indian government need to be exposed to the civilized countries so the biggest so-called democracy, controlled by Hindu extremists and fundamentalists, can be exposed, showing blood on their hands.
21: Amitoj Singh (U.S.A.), July 30, 2010, 1:47 PM.
Politicians will do anything that suits them or their agenda, whether they are supporting the "Congress Party," or the Nakli Badal-BJP Dal, or any political party. We must be aware of such politicians.
22: Rachit Sharma (New Delhi, India), September 15, 2013, 2:35 PM.
Extremely unfortunate and callous for the government to not resolve these cases even 30 years down. To inflict such magnitude of torture upon Sikhs -- sons of the soil -- including the mass murders during Operation Blue Star is indeed condemnable! More so is the long delayed -- nay, denied -- justice. It's a matter of utter shame that the very integral part of the nation -- the Sikhs -- are being treated in such a deliberate, irresponsible manner by not providing justice. The Indian Government must come out clean on its obvious role in the 1984 massacres across the nation and the pogrom that continued in the decade that followed, for the sake of the nation and humanity. Phoolka ji is doing a great job. I hope that he succeeds without any further delay.