Quilla S. Harnam Singh
Distt. Fatehgarh Sahib
Pin Code 140406
Punjab (India)
Tele Fax:
0091-1763-233764
I have read your judgment in The Tribune dated 17
January 2013 and in the Indian Express dated 17 January 2013, both of which are
reproduced below respectively:
1984
riotsHC tells Delhi Police chief to look into complaint
of victims
New Delhi, January 16
The city police commissioner was asked today by the Delhi High Court to examine a complaint to be filed on behalf of the victims of a 1984 anti-Sikh riot case for prosecuting policemen allegedly responsible for not filing a charge sheet in the case for almost 20 years. A Bench headed by Chief Justice D Murugesan, however, refused to order a CBI probe into the complaint alleging lapses by policemen in probing the role of Congress leader Sajjan Kumar in a riots case and deliberately not filing the chargesheet in the lower court to save Kumar. “In the absence of any complaint pending, we are not inclined to issue any direction," the court said adding "We, however, make it clear that when petitioner files any complaint, the commissioner of police will look into it accordingly."We make it clear that when petitioner files any complaint, the commissioner of police will look into it accordingly. SC Bench
The city police commissioner was asked today by the Delhi High Court to examine a complaint to be filed on behalf of the victims of a 1984 anti-Sikh riot case for prosecuting policemen allegedly responsible for not filing a charge sheet in the case for almost 20 years. A Bench headed by Chief Justice D Murugesan, however, refused to order a CBI probe into the complaint alleging lapses by policemen in probing the role of Congress leader Sajjan Kumar in a riots case and deliberately not filing the chargesheet in the lower court to save Kumar. “In the absence of any complaint pending, we are not inclined to issue any direction," the court said adding "We, however, make it clear that when petitioner files any complaint, the commissioner of police will look into it accordingly."We make it clear that when petitioner files any complaint, the commissioner of police will look into it accordingly. SC Bench
The Indian Express 17 January 2013
Riot case: HC asks police chief to consider complaint of
’84 riot victims
The Delhi Police Commissioner was on Wednesday
asked by the Delhi High Court to examine a complaint to be filed on behalf of
the victims of a 1984 anti-Sikh riot case for prosecuting policemen allegedly
responsible for not filing a chargesheet in the case for almost 20 years. A
bench headed by Chief Justice D Murugesan, however, refused to order a CBI probe
into the complaint alleging lapses by policemen in probing the role of Congress
leader Sajjan Kumar in a riots case and deliberately not filing the chargesheet
in the lower court to save Kumar. “So far no complaint is lodged in this regard
with the police. In the absence of any complaint pending, we are not inclined to
issue any direction... We, however, make it clear that when petitioner files any
complaint, the commissioner of police will look into it accordingly,” the court
said. The bench, also comprising Justice V K Jain, then disposed of the PIL,
filed by the November 84 Carnage Justice Committee, seeking a direction to the
Centre to order a CBI probe into the roles of policemen who allegedly did not
file the chargesheet in the court concerned despite preparing it. The
chargesheet pertained to an FIR lodged at the Nangloi police station in 1987
against Sajjan Kumar only in the murder of four Sikhs during the 1984 riots that
had followed after the assassination of then Prime Minister Indira Gandhi,
senior lawyer H S Phoolka said. “On April 8, 1992, a chargesheet relating to FIR
67/1987 at Nangloi Police station, Delhi, was prepared by the police and was
ready to be filed in the court. In the said chargesheet, accused Sajjan Kumar,
the then Congress MP, has been shown as the only accused... but it was not filed
in the court. It was suppressed for 18 years and did not see the light of the
day,” Phoolka said. The PIL said police had taken the plea that the “missing
chargesheet” against Sajjan Kumar had been clubbed with that of another riot
case in which the trial was already on. “This chargesheet was withheld with the
sole purpose of saving and shielding Sajjan Kumar,” Phoolka said, adding that
the CBI later started the probe in the case. He, however, sought widening of the
ambit of the CBI probe saying, “It must also include and investigate the roles
of Delhi Police officials, accused of suppressing the charge sheet.” The plea
was rejected by the court.
I may humbly state that Sardar H S Phoolka the
learned lawyer representing 84 Carnage Justice Committee, seeking justice from
Your Lordships had prayed that since the Delhi police was the main perpetrator
in the crime of genocide that took place in Delhi and beyond in instigating,
helping, aiding in every manner the Hindu genocidaire mobs that raped Sikh
women, placed tires around the necks of Sikh children, set them aflame and
slaughtered thousands of the Sikh’s in that evil year 1984, which is embossed in
the psyche and memory of every Sikh and will never be erased from Sikh and Delhi
history and is comparable to the massacres of Nadar Shah of Persia who spared
none. These Sikh massacres took place under the eyes of Delhi High Court and
Supreme Court judges, Your Lordships worthy predecessors and even within the
vicinity of Your Lordships and the Supreme Court judges. Thus they cannot be
toyed with or taken lightly by any judge of any court which follows the
constitution, its article 14 and the rule of law.
But I am sorry to say on behalf of the
Shiromani Akali Dal (Amritsar) that Your Lordships have not done justice in
passing the buck on to the Commissioner of Police, Delhi. Your Lordships will
recall that at the time that the massacres took place my senior colleague Mr.
Tandon was the Commissioner of Police in Delhi then. He lost his job because of
the shame that was brought upon the Indian state by not controlling the mobs and
the police. The army stood by as silent spectators in their cantonments. Mr.
Tandon may have been the escape goat as all these ghastly murders and rapes took
place at the behest of the Congress party Prime Minister, late Rajiv
Gandhi. Today in Delhi and at the Union we have
Congress party governments. How then are the Sikh’s to presume that with Your
Lordships present order of entrusting the probe to the Delhi Commissioner of
Police, would result in fair play and justice?
Since the Delhi rape of a young woman in Delhi
recently by a gang of rapists is fresh in our minds and one question that every
humane person asks is why the unfortunate woman left naked by the road side was
left unattended by the passersby and the police for such a long period of time?
I put this presumptive question to Your Lordships that had you both passed by
and rescued the unfortunate woman from the rapists, taken her to a hospital and
done your duty and then on the next day sitting in judgment about the fate of
the rapists, Your Lordships had entrusted the raped woman’s safety, honour and
protection to the very rapist gang that defiled her, would that have been a
wise, rational and just decision?
A judgment must be wise, just and rational. As
judges you must have come across the judgment of Solomon where two mothers
became the claimants of a child. The story is recounted in 1Kings 3:16-28. Two
young women who lived in the same house and who both had an infant son came to
Solomon for a judgement. One of the women claimed that the other, after
accidentally smothering her own son while sleeping, had exchanged the two
children to make it appear that the living child was hers. The other woman
denied this and so both women claimed to be the mother of the living son and
said that the dead boy belonged to the other.
After some deliberation, King Solomon called
for a sword to be brought before him. He declared that there was only one fair
solution: the live son must be split in two, each woman receiving half of the
child. The liar, in her bitter jealousy, exclaimed, "It shall be neither mine
nor yours—divide it!" However, upon hearing this terrible verdict, the boy's
true mother cried out, "Oh Lord, give the baby to her, just don't kill him!" The
king gave the baby to the real mother. King Solomon's judgment was heard
throughout all of Israel and thought to be wise.
At first sight this anecdotal judgment must
have appeared ridicules and stupid. But it was wise and just. As jurists we
Sikh’s expect Your Lordships to be as wise and just as King Solomon. But we have
seen that after 1984 the Sikh’s have received neither wise nor just judgments.
If the Supreme Court would have entrusted the crime against humanity committed
by Chief Minister Narinder Modi of Gujarat to the Director General
of Police of Gujarat appointed by Narinder Modi would that have been called a
wise and just decision?
The fact is that unfortunately Hindu judges
have become overcome by prejudice and bias towards the Sikh peoples. Recently
the Union Home Minister, a Dalit talked of Hindu and saffron terror. Unless
judges of Your Lordships stature give up such prejudices the Sikh’s will not
receive justice. Your Lordships must realise that terror of the state produces
counter terrorism. This has become a vicious circle and a bane which Your
Lordships sitting in exalted positions on the Benches must rectify and break.
The Bible says- be not overcome of evil but overcome evil with good.
Like I have said initially the judgment stated
above of King Solomon looked ridiculous but then it was wise, rational and just.
In the same manner Your Lordships must reconsider Your Lordships present
judgment whether it passes such a test? If it does not then it must be recalled
and argued afresh by Sardar Phoolka. Recall is democratic practice. To drive my
point of this foolish and ridiculous judgment of Your Lordships home I would ask
that if Your Lordships opined one day that all blood banks in the country
henceforth would be guarded and protected by Dracula, would that be a wise,
rational and just judgment?
Your Lordships may presume that the Sikh
peoples having gone through severe tribulations of suffering the crime of
genocide been perpetrated upon them by the state have become timid, domesticated
and spiritless Your Lordships would be in for a rude shock. The Sikh’s have gone
through harsher tribulations through their history and I may humbly stress that
we are fighting fit as ever. Therefore, I would request Your Lordships to
reexamine this judgment and let the world and Sikh’s know that there is wisdom,
rationality and justice in the higher realms and echelons of the judiciary. I
await an early response and reply from Your Lordships as that is my just due and
right. We are all equal and republican.
With regards,
Yours Sincerely,
Simranjit Singh
Mann,
President,
Shiromani Akal
Dal (Amritsar).
Their
Lordships Chief Justice D Murugesan and Justice V K Jain,
Hon’ble Judges of the High Court of Delhi,
C/O Registrar General Delhi High Court,
Sher Shah Road,
New Delhi: 110003
Delhi,India.
New Delhi: 110003
Delhi,India.