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New Delhi:
Mischief, Thou Art Afoot

by I.J. SINGH

 

 

Claiming our attention now is the recent resignation of Sardar Harvinder Singh Phoolka as the lawyer from cases of the victims of state-inspired killings of Sikhs in 1984.

In a way it is like the hara-kiri that Japanese leaders and warriors performed by falling on their own swords after a political, industrial or military disaster.

But to be more accurate, I would liken it to a lynching, though not like the kind practiced in the past centuries in America in which Blacks were publicly humiliated, burned and hanged while scores of Whites, many in the robes of the Ku Klux Klan, jeered and celebrated. The matter of Phoolka in India is similar minus the visible jeering, robed figures and the noose or the burning - not high tech but a lynching, nevertheless.

There is no question that Phoolka dedicated the major part of his life to the pursuit of justice for victims of state terrorism in India. After 26 years of frustration, now he seemed poised for some remarkable victories in the largely opaque judicial system of India.

And suddenly, there have surfaced accusations against him of financial irregularities by the Delhi Gurdwaras Management Committee (DGMC) - the people who largely financed his work for the past so many years.

Perhaps Phoolka was a tad thin-skinned in response but he decided to walk away from the cases which had come to define him and his life for so long.

The next thing he did was to request the Akal Takht (the highest authority on judicial matters in Sikhism) to inquire into this and render justice.

Is there any truth to the allegations of financial irregularities? My biased view says - likely not.

Of course, I have no access to the evidence. Accountants and auditors exist precisely for such purposes and I leave it to them.

A few other matters, however, do bother me about this issue.

One is that his Sikh colleague at the bar, K.S. Tulsi was, for a lawyer, uncharacteristically silent at the proceeding when such accusations surfaced against Phoolka. I wonder why?

Then a retired Sikh justice, H.S. Sodhi, came out avowing that by walking away from the cases, Phoolka was abandoning his clients and thus committing a breach of professional ethics. In that rush to judgment, Sodhi came across like a partisan lawyer for those who accused Phoolka, not a level-headed judge seeking the evidence to parse truth from lies while preserving the integrity of the pending cases that are a critical aftermath to1984.

But a central question that obsesses me is why now; why at this time have the allegations come about?

Is there something critical about the timing? Could the people who accuse Phoolks not have waited some or pursued their questions in a low key, methodical process? And finally, why didn't they?

I know not the answers but from where we sit - away from the center of the troubles - only one possibility emerges.

This was a decisive time against some high profile cases against leaders of the ruling Congress party, like Sajjan Kumar and his ilk, for complicity in the mass-murder of Sikhs 26 years ago. The judicial ambiance seemed to be shifting towards justice; one needs to have some understanding of the workings of Indian bureaucracy to see how remarkable this is - it is unquestionably a sea change.

Most likely then, the accusers have acted now to distract people, sow troubles and destroy the process of justice. If true, then these people must be connected to the political party and its leaders who are responsible for the mayhem in 1984. No one else would have such an agenda.

The undeniable fact remains that though the leader of the ruling political party is Sonia Gandhi, the widow of the man who led India at the time of the killings and the daughter-in-law of the woman whose death sparked the killings, it is also undeniably true that the public face of the party is a Sikh - the current Prime Minister of the country, Manmohan Singh. It is this party's leaders who are being indicted for fomenting wholesale murder of Sikhs.

Keep in mind that Delhi is the capital of the country and the Delhi Gurdwara Committee (DGMC) has historically been in bed with the center of power - the federal government and its political operatives.

Raising tendentious issues about the integrity of the lead lawyer, Phoolka, then automatically and mightily undermines the investigation. The allegations could effectively destroy the process and the 26 years of struggle and progress.

This, to me, seems to be only way to answer the question - 'Why now?'

I know this does not make life any easier for Manmohan Singh who is now a poster child for economic growth worldwide and also for many Sikhs because they badly want to celebrate a Sikh face who has garnered international respect.

Why, you could ask, am I pointing a finger at Manmohan Singh? Is he personally responsible?

Likely not.

Is moral responsibility knocking at his door?

Yes.

He is doing the heavy lifting for his political masters; he has become the lead person in refloating old suspicions and accusations against Sikhs by claiming the "rise of Sikh separatism and terrorism" without sufficient or convincing evidence.

This reminds me of a case that is making headlines in America these days. There has been a sea change in American politics in the past few years. We now have a Black president - totally unexpected and contrary to American culture and history. With President Obama came many Black faces to the government as well. But that does not translate into a complete and overnight cure of the age-old racial bias against Blacks, even within the government and its bureaucracy.

Sometimes this Black president seems to think that his election has made the point of racial equality and he need not remain overtly sensitive to racial matters in policy any more. He may even be trying to overlook Black issues so as not appear visibly partisan.

The very recent case in point that surfaced only a few days ago was that of a mid-level Black official, Shirley Sherrod, who was dismissed for making a racist speech. She was contacted while she was driving somewhere and an immediate resignation demanded, which she submitted via her blackberry. Notice that there was no hearing and no conversation, hence no investigation or due process.

It turned out that the speech that the operatives at the White House looked at was a totally doctored version where her comments were edited, cut and pasted to yield a result far from the truth. The point is that the political operatives at the White House were so sensitive to the charge of being unduly biased in racial matters that they did not even look at her record or her speech. She had a flawless track record on integration and racial justice as had her husband who, 40 years ago, was a leader of the Student Nonviolent Coordinating Committee (SNCC) - a key group dedicated to racial justice.

Now there is a clamor and a gaggle of worried voices wrestling with how best to reinstate her with dignity.

I know that with the public persona of Manmohan Singh, Montek Singh Ahluwalia, the recently retired General J.J. Singh, and some others, we have a growing number of Sikh faces prominent in the public eye. That is indeed a first in the 63-year history of free India. But a few prominent Sikh faces do not mean the end of injustice as we have known it in India ever since it became independent.

The unholy connection between the federal government's political operatives and gurdwara management politics (DGMC) to sideline issues of justice by destroying the legal process and diminishing the lead lawyer (who is primarly responsible for the progress to date in the prosecutions) at this time will leave us a poisonous residue that will surely tear India apart once again, just as the events of 1984 did not so long ago.

Sikhs remain a very small minority - two percent -- in India. Perhaps Manmohan Singh is overly sensitive to being a Sikh himself and thus blind to the injustice done to his own people.

The Government of India and its allies need not bend backwards to deny any connection to Sikhs or Sikhi. Considering our history in India, perhaps the government needs to establish a desk for liaison with Sikhs, as also with other minorities that are increasingly being marginalized.

And that's what Manmohan Singh needs to do, even though he is Sikh. Only then can he govern India such that every Indian, no matter the religion, can look equally to the glow of freedom.

What should Harvinder Singh Phoolka do about the predicament he has been placed in by the political centers of power in India and the DGMC? Walking away from a commitment - both professional and personal - does not make the cut. To my mind a simple statement like this from him should suffice:

"I have dedicated my life to justice within the Indian judicial system for the wrongs done to Sikhs in 1984 and the surrounding years. I totally deny these allegations of financial misconduct against me; their sole purpose is to discredit me and destroy the work for justice that we are embarked on. At this time we stand at a historic and critical moment when justice seems possible in some key cases. Let these matters conclude; they are more important than any person. Let us not undermine them. I would then more than welcome a full and thorough inquiry into the charges that have been laid at my door."

 

ijsingh99@gmail.com.
June 26, 2010

POST SCRIPT

Phoolka ready to face probe, disclose assets

PRESS TRUST OF INDIA

In the wake of allegations hurled against him by the DSGMC head, senior lawyer H.S. Phoolka, who has been appearing on behalf of the victims in 1984 anti-Sikh riot cases, on Sunday, July 25, 2010, said he was ready to face any kind of probe by the Income Tax Department.

The advocate, who has accused DSGMC president Sarna of levelling reckless allegations against him, said he would welcome any kind of inquiry against him provided Delhi Sikh Gurdwara Management Committee members were also covered under such a probe.

Phoolka had recently announced his withdrawal from all the anti-Sikh riot cases following allegations levelled by Sarna.

However, he took back his decision after the Akal Takht, the highest temporal seat of the Sikhs, intervened and asked him to continue appearing on behalf of the victims.

"I will welcome any kind of inquiry by the IT office. But at the same time, the IT probe should be conducted against all DSGMC members," said Phoolka.

The advocate said whatever assets he had amassed were acquired through fair means.

Phoolka said he was ready to disclose all his assets though he was not holding any official position or post.

"But before that, every member of the DSGMC, who is holding a statutory post, should also declare their assets," he said.

On the allegations against him, Phoolka said "these charges are being made now under a deep rooted conspiracy as some '84 anti-Sikh massacre cases are nearing completion."

 

Conversation about this article

1: Gurinder Singh (Stockton, California, U.S.A.), July 26, 2010, 2:16 PM.

The presence of K.T.S. Tulsi in the meeting when Sarna humiliated Sardar Phoolka reveals a lot. K.T.S. Tulsi was a favorite during the Congress regime in Punjab and had been defending Punjab Police officials in court, whenever they were indicted for the 'fake encounter' murders. He also defended K.P.S. Gill in a case involving moral turpitude. Just when the noose is tightening around the likes of Sajjan Kumar, they want to ease out Phoolka and bring in K.T.S. Tulsi in his place to help the accused killers. Sarna is their front man to do this. This is a new form of Nazi-ism.

2: N. Singh (Canada), July 26, 2010, 3:45 PM.

Gurinder Singh ji: Brilliant observation! I pray to Waheguru that Sardar Phoolka stays the course and doesn't let these quislings intimidate him. We all salute and support him, he is the man for the job!

3: Mohan Singh (Toronto, Ontario, Canada.), July 26, 2010, 4:57 PM.

Please sign petition in favor of Sardar H.S. Phoolka to continue his seva. http://www.PetitionOnline.com/1984case/petition.html

4: N. Singh (Canada), July 27, 2010, 1:37 AM.

Here are Sardar's Phoolka's words on the subject: "I knew what I was doing. Taking on politicians and police officers was never going to be an easy task especially when both were involved. And considering the immense power they wielded, it made my job that much tougher," ... "I faced hostility in courts. I was dubbed as a terrorist and lawyers used to call me counsel for terrorists," a sombre Phoolka recalls. But, he says, he was undeterred. He burnt the midnight oil for years on end and led the coordinated efforts of his spirited team of junior lawyers to collect evidence and write the affidavits of victims before government-appointed bodies and commissions. Though over 3,000 Sikhs were killed, there have been only 20 convictions and not one politician or senior police officer has been held guilty. "Most of the cases against politicians and police officers are over. They have already resulted in acquittals. Only four to five cases are left now like that of Congress leaders Sajjan Kumar and Jagdish Tytler," he said. "Everybody knows the truth. Everybody, even those who swept the truth under the carpet, know the tacit approval by the political leaders at the helm of affairs then."

5: Devinder Pal Singh (Delhi, India), July 27, 2010, 9:25 AM.

Can Sarna fight for the cause of the 1984 victims? Where was Tulsi when the court battles started? And what has Sodhi to state? PM Manmohan Singh suggested that let's get over the 1984 tragedy and continue. Alas, none contributed in any manner to apply balm to those who suffered during the pogroms. India is quick to condemn any such happenings elsewhere in the world but easily sidelines such acts at home. It would be wonderful if the Sikh masses bring together all these personalities on a single dais along with that so-called star of counter insurgency, K.P.S. Gill and ask them to introspect. Would they be able to apply balm to the countless families that suffered during this tragedy? For those in power there is always a desire to hold on to what enables them to retain it and that includes to polish the shoes of those that endow that power on them. However, has anyone amongst these tried to even witness the tears of those that suffered, leave aside visit them in their tragedy?

6: Kartar Singh Bhalla (New Delhi, India), July 28, 2010, 1:14 AM.

Dr. I J Singh's article is a sober analysis of the problem. But what injustice is he referring to when he says: "But a few prominent Sikh faces do not mean the end of injustice as we have known it in India ever since it became independent." Another statement on Dr. Manmohan Singh: "Manmohan Singh is ... thus blind to the injustice done to his own people" is also not fair. I expect I.J. Singh ji not to make such a charge against Dr. Manmohan Singh. A good number of Sikhs abroad expect Dr. Manmohan Singh to do more. Would Sikhs abroad want him to lay down office to make room for a non-Sikh Prime Minister? What would they gain? Sikhs in India are happy with him and are proud of him.

7: Jaswinder Singh (Pune, India), July 28, 2010, 10:36 AM.

I appreciate the time and efforts you took to write this well-written article. May Almighty bless you!

8: I.J. Singh (New York, U.S.A.), July 28, 2010, 10:40 AM.

In response to Kartar Singh Bhalla: I think I gave Manmohan Singh ample credit where credit is due - both in the economic sphere and for his apology on the matter of the 1984 killings. (On this site is another currently running essay of mine on apologies, etc. - "Who's Is Sorry Now?" Please also look at that.) Here the issue is the explosion that has surfaced between Phoolka and Sarna (DGMC). Who should parse this matter but Sikhs worldwide? Wouldn't you agree that the "moral" responsibility for long-delayed justice rests with the effective head of a government and that in India it is the Prime Minister, not the President who is only the titular head. We, too, in the diaspora are happy with Manmohan Singh on some matters - and that is clearly pointed out - and not so pleased on other matters. I am trying to explore what might be driving the Phoolka-Sarna controversy and what is its significance to Sikhs everywhere and to the nation that is India. It is not meant as an attack on any individual, but in some matters even icons don't always emerge unscathed from the consequences of their own actions or inactions. But the larger purpose of my writing is not prescriptive; it remains to foster a conversation. So I appreciate your joining in with your perspective, even though we disagree.

9: I.J. Singh (New York, U.S.A.), July 28, 2010, 11:00 AM.

Kartar Singh Bhalla has raised another point that I seem to have skipped. He said: "But what injustice is he referring to when he says: 'But a few prominent Sikh faces do not mean the end of injustice as we have known it in India ever since it became independent.'" This is clearly not the place for a long historical analysis, but let me point out a few egregious examples. Each deserves an essay, even a book, and many exist. I would refer you to them. I point to the provision in the Coonstitution that robs Sikhs of their identity; the unseemly struggle that was needed over the creation of a Punjabi-speaking state when the rest of the country was being liguistically reorganized; the non-compliance with the Rajiv-Longowal accord for so may years, the lack of justice on the 1984 killings (I am pointing to the lack of justice, not arguing over whether Bhindranwale or any other Sikhs were guilty or not, or whether many non-Sikhs saved Sikhs from the slaughter - they did.), and finally one matter has always rankled me. In its long history, there was a time when many of the senior officer corps of the army was Sikh. How is it then that it took close to 60 years that a Sikh could reach the highest level? (I know that the Air Force has had at least 2 Sikh chiefs - Marshalls Arjan Singh & Dilbagh Singh.) Again this is a brief note not a detailed argument on each matter. It seems to me even now that many of the issues raised around 1984 and earlier were amenable to analysis and resolution, had there been any resolve to do so. In the process, was Sikh leadership wise? Absolutely not. Was the Indian government honest? Absolutely not. And that is my very, very brief take on the post-independence India. Many issues remain; the road forward is not closed even today - especially today.

10: Kartar Singh Bhalla (New Delhi, India), July 29, 2010, 2:04 AM.

I will deal with the points raised in Dr. I.J.Singh's response, one by one: 1) Panjabi Suba: In its wisdom, the States Reorganisation Commission 1956 did not recommend Punjabi Suba. The Commission also did not recommend Gujarat State, Vidabrh, Telangana and many others States. Later, under pressure of public agitations, Punjabi Suba (Punjab) and Gujarat were created. The Commission had recommended 14 States. Today there are 28 States. Punjab alone was not the aggrieved party. 2) Sikh identity in the Constitution: Provisions of Sub-clause (b) of Clause (2) provides for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. It is in this context that reference to Hindus has been construed to apply to Sikhs, Jains, Buddhists. To say that the Constitution does not recognize Sikh identity, is not correct. Explanation 1 of Article 25 categorically says that the wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. 3) The 1984 anti-Sikh pogroms: There is no doubt that Sikhs victimized by the 1984 massacres have been denied justice because justice delayed is justice denied. But one cannot say that nothing has been done to punish the guilty. As N.Singh says: "Though over 3,000 Sikhs were killed, there have been only 20 convictions and not one politician or senior police officer has been held guilty." According to a fact sheet published in Hindustan Times dated 15 December 2009, the position regarding action taken is summed up as follows: Cases registered by Delhi police - 636; Persons convicted - 346; Persons awarded punishment ranging from less than 3 years to life: - 276* *(41 people had been sentenced to life terms, some for 10 years, 114 to three to five years imprisonment, and 115 to jail terms below three years); Cases registered in other States - 1795; Persons convicted in other States - 66*; Total sanctioned amount of compensation by the Centre - 714 crore; Amount distributed so far - 462 crores. But no one would disagree that this is not enough. No senior level politician has been punished so far. I.J. Singh ji is right when he says : Moral responsibility for long-delayed justice rests with the effective head of a government and that in India it is the Prime Minister. But, in a democracy, Prime Minister cannot hang a murderer. And then, Manmohan Singh became Prime Minister in 2004. He cannot be damned for inaction from 1984 to 2004. Courts have to do this job. Courts in India are independent but slow. I would not call them biased. Some cases could not proceed for lack of evidence. 4)Army Chief: If Government were biased against Sikhs, it would not have appointed two Sikhs as Air Force Chief and one Sikh as Marshal of the Air Force. Only one Sikh could become Army Chief. Before Gen. J J Singh, no Sikh could become Army Chief because no Sikh General was the senior most General when the position of Army Chief fell vacant. In these posts there is no supersession.

11: Bishen Singh (New Delhi, India), July 29, 2010, 8:05 AM.

Talking of mischief - the name, Kartar Singh Bhalla sounds awfully familiar. I know one who works for the Indian government. Seeing his regurgitation of government propaganda and half-truths - see his comment for yourself - is it possible it is the same person? I think it would help the readers if he was upfront and disclosed his relationship with the Indian authorities.

12: I.J. Singh (New York, U.S.A.), July 29, 2010, 9:02 AM.

Kartar Singh Bhalla raises issues that deserve notice. On India's reorganization on linguistic basis, Punjab was the aggrieved party long enough. A strange oddity was when loads of non-Sikhs denied Punjabi as their language despite being unable to speak any language other than it. Credible reports label it as instigated to truncate Punjab. Issues that were in the Rajiv-Longowal Accord, I believe, were easily manageable. These are for which a long campaign by a frustrated people should never be necessary, unless it is against a colonial or despotic government. I point to the provision in the accord on inquiry and justice for the 1984 killings. How many commissions does it take (there have been 10 or 11) and how many years (there have been 26)? And tell us, what honest government would have its own police looking on, if not aiding and abetting the killings? Yes, there was a provision in the Accords that recruitment in the armed services shall be by merit and not a quota. How is that a peculiarly Sikh demand or unfair in any way? Or that the River waters dispute should be referred to an independent tribunal or the judicial system. My friend, these should never be labeled Sikh or sectarian demands. These are basics that should be demanded by everyone - every Indian - no matter the religion. You seem satisfied by the pace of justice. I would be ashamed. That is the difference between your position and mine. You say that 'Provisions of Sub-clause (b) of Clause (2) provides for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. It is in this context that reference to Hindus has been construed to apply to Sikhs, Jains, Buddhists.' I have to ask why such lumping together of many faiths, including Sikhism? What does it accomplish - save a few drops of ink and a bit of paper and diminish non-Hindus? As far as generals go, senior Indian army officers (now retired) tell me that to a certain level promotion is by seniority, in the most senior ranks it is by reports of performance and other criteria. The army is the largest branch of the Indian Armed Service, the air force is relatively small. I am glad you agree on the idea of moral responsibility of Manmohan Singh since he is the current head of the effective government in India. I never said that he is personally responsible for the events of 1984. I don't expect him to 'personally hang' anybody. Where do you get these? Perhaps you need to see what 'moral responsibility' entails. It absolutely has to be more than just words and an ineffective apology, even though in the political climate of India that, too, is a giant step. I recognize that we do not know the political constraints under which Manmohan Singh operates, nor do I know his personal views on these matters. Nevertheless, as the head of the government, that's where the buck stops! As I said, we, too, are happy with Manmohan Singh and proud of him in some matters; in other matters we are not. It is not a matter of 'My mother drunk or sober.' There have been umpteen reports (available everywhere) on promises made by Congress leaders to Sikhs pre-1947 that seem to have been forgotten. You see, much as injustice is important to face and deal with and the reality is important, also important is the perception of reality. So, it is not reasonable to dismiss Sikh perceptions of injustice as so much nonsense. A government of the people does not treat its own people this way. This is becoming much longer than I like; my regrets.

13: Kartar Singh Bhalla (New Delhi, India), July 29, 2010, 10:50 AM.

I worked for the Government of India until 1982.

14: Bishen Singh (New Delhi, India), July 29, 2010, 11:35 AM.

Again, you're obfuscating by giving a partial answer. In what capacity? What is your relationship, direct or indirect, with any level of government in India or its agency (ies)- now and before! I am curious only because you claim to be a Sikh but seem to have a lot of difficulty in understanding the Sikh perspective. I suspect you belong to the group of people who owe their allegiance elsewhere. I suggest it is important that we know your bonafides before you dole out more of the 'Indian' line!

15: N. Singh (Canada), July 29, 2010, 11:41 AM.

Kartar Singh: The number of convictions mentioned in my post above (20 convictions) were taken directly from Sardar Phoolka's interview. Those are his words, not mine! I am more inclined to believe him than the Hindustan Times and its so-called 'fact-sheet'. I believe we all know the bias of the Indian media and I suspect the Indian government is a major, shall we say, 'sponsor' ... something I suspect you might be familiar with having worked for the Indian government until 1982 ... not 1984 and beyond (how convenient) - as you coyly claim!

16: Harsimran Singh (Union City, California, United States), July 29, 2010, 9:39 PM.

We should be careful - we should not dismiss a person's remarks merely on the basis that he works for the Indian government.

17: I.J. Singh (New York, U.S.A.), July 30, 2010, 7:35 PM.

Yes, please always keep it in mind. Getting personal, taunting and innuendo must be absolutely resisted, even if there seems ample provocation and temptation. And, of course, in matters relating to 1984, tempers are likely to run high for feelings are never far from the surface. But the idea here is a national conversation on highly inflammatory matters, not to score points.

18: N. Singh (Canada), July 30, 2010, 10:42 PM.

Harsimran Singh: Those so-called Sikhs who worked for the Indian government, and directly or indirectly pushed the agenda for genocide against the Sikhs need to be marginalized and ostracized. I am not advocating violence because I am better than them but people like Kartar Singh Bhalla had the capability to know what is right from wrong and they chose to obey their masters instead of the universal message of God and the humanity of mankind. I have questions to ask ... As a woman, I want know WHERE ARE OUR MEN? Where have they DISAPPEARED?

19: N. Singh (Canada), August 01, 2010, 7:49 PM.

I want to clarify my last post as referring to The Disappeared of 1984-1995 ... the thousands of Sikh youths and men who were picked up under the guise of terrorism, tortured, murdered and their bodies 'disappeared' by the Punjab Police and the Indian Government. We are still waiting to hear an explanation from the Indian government as to where these missing men are? Rest assured that we have not forgotten them.

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Mischief, Thou Art Afoot"









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