I was very shocked to hear about the DSGPC's allegation that Phoolka was corrupt and wasting money... How do you guys feel?

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Phoolka denies taking fee, offers to quit all riot cases
TNN, Jul 22, 2010, 12.09am IST

NEW DELHI: Less than three days after Sajjan Kumar's revision plea was dismissed by the Delhi high court, the 1984 anti-Sikh riot victims and their kin witnessed how the internal politics of their community could derail the quest for justice. Stung by allegations that he was paid crores of rupees for personal benefit and had a vested interest in the continuance of riot cases, senior advocate H S Phoolka on Wednesday offered to withdraw from all the cases. It was only after the intervention of Akal Takhat Sahib the Amritsar-based highest religious body of Sikhs that Phoolka agreed to defer his decision to quit till July 26.

In a letter to the Akal Takhat Sahib, Phoolka said, "It is not possible for me to continue with the cases... I am conscious that my decision will have an adverse impact on the cases, but my hands are tied. An alternative arrangement be made and a decision be rendered at the earliest so that the community's interest does not suffer.''

As the families of the victims of the carnage that took place 26 years ago vowed to stand by him, the 54-year-old lawyer said he would continue to fight their cases till "alternative arrangements'' were made.

Phoolka alleged that the president of the Delhi Sikh Gurdwara Management Committee (DSGMC), Paramjit Singh Sarna, and his brother, Harvinder, had claimed in a meeting of the committee on July 17 that he had taken Rs 1.09 crore from the DSGMC. Taking serious note of Sarna's remarks on Phoolka's credibility, the Jathedar of Akal Takht, Giani Gurbachan Singh, has summoned Sarna before the Sikh clergy. Sarna has been asked to submit his clarification on the allegations made against the senior lawyer.

Denying all such allegations, the senior lawyer wrote in his letter that "I am deeply hurt. I felt humiliated and abused. It was an attack on my integrity and record of selfless service.''

Further clarifying, Phoolka said, "I have not charged any fee for the cases or taken any kind of donation. In 1985, I was paid an amount of Rs 15,000 by DSGMC and since 1986 till today, I have neither received any money from the committee nor from any other organization for these cases.''

Claiming that the allegation was part of "a deep-rooted conspiracy to shield (some) guilty Congress leaders'', the lawyer said: "The conspiracy is to involve me in defending myself against this malicious propaganda and distract me from these cases.''

On his part, Sarna also denied all statements attributed to him, claiming the allegations could have arisen out of the difference of opinion between him and Phoolka after he rejected the advocate's proposal to file a complaint against Congress leader Kamal Nath in connection with the killings near Rakabganj Gurdwara. "Since Nath was absolved by Nanavati, I was unconvinced about the suggestion,'' Sarna maintained.

Phoolka's decision comes at a crucial juncture of the riots cases. Only two days ago he appeared before the court, which upheld the murder charge against Congress leader Sajjan Kumar for allegedly leading a group of rioters. Recently, the HC fastracked all riot-related cases by fixing a six-month deadline for completion of trials and appointing special prosecutors to fight these cases on a PIL moved by Phoolka.

"Now, when these cases have reached their peak and Sajjan Kumar is badly caught and strong proofs are emerging against another Congress leader and a Union minister, at this delicate moment, they have intensified their campaign to malign me,'' he complains in his letter to the Akal Takhat.

Sarna alleged that when Phoolka appeared before the Justice G T Nanavati Commission set up to investigate the riots on behalf of the victims during 2000-04, the DSGMC had spent Rs 1.09 crore on the administrative expenses incurred by his team.