Harvinder Singh Phoolka | |
---|---|
Member of Punjab Legislative Assembly | |
In office 16 March 2017 –12 October 2018 | |
Preceded by | Manpreet Singh Ayali |
Succeeded by | Manpreet Singh Ayali |
Constituency | Dakha Assembly constituency |
Leader of the Opposition in the Punjab Legislative Assembly | |
In office 16 March 2017 [1] –9 July 2017 [2] | |
Preceded by | Charanjit Singh Channi |
Succeeded by | Sukhpal Singh Khaira |
Senior Advocate of Supreme Court of India &Delhi High Court | |
Personal details | |
Born | Bhadaur,Punjab,India | 24 August 1955
Spouse | Maninder Kaur |
Education | Bachelors in Law,Chandigarh |
Awards | Padma Shri |
Harvinder Singh Phoolka,is a senior advocate of Delhi High Court,politician,human rights activist,and author. He served as the Leader of the Opposition in the Punjab Legislative Assembly. [2]
He is known for spearheading what is described as "one of the longest and most torturous legal battle" and [3] "crusades" [4] to gain justice for the victims of 1984 anti-Sikh riots and fighting individual cases on the involvement of Congress-I leaders H. K. L. Bhagat,Sajjan Kumar and Jagdish Tytler despite the government cover-up. [5] [6] He received threatening letters [7] for unearthing involvements of ruling political party leaders in what the Asian Age called "the Mother of all Cover-ups" in a front-page story. [5] [6] The special anniversary edition of the Outlook included Phoolka in its list of 50 people that make a difference in India,alongside Amartya Sen and Abhinav Ghosh. [8] He unsuccessfully contested 2014 Lok Sabha Polls as an AAP Candidate from Ludhiana . [9] In 2017 he successfully contested from Dakha Assembly constituency,but resigned on 12 October 2018 over alleged failure of Congress government in acting on Ranjit Singh commission's inquiry report on desecration of Guru Granth Sahib Ji. However his resignation was accepted by speaker after nearly 10 months on 9 August 2019. [10]
Phoolka's formative years were spent at his native village Bhadaur,into Sidhu Jat royal family in the Barnala district of Punjab,India. [11] His education began in a small school in his village. He graduated from Ludhiana,and went to Law School in Chandigarh.
Phoolka married Maninder Kaur in 1983. She is a food technologist and was a 1990 "outstanding graduate" of American Institute of Baking,Kansas. [11] She is said to have declined job offers in the United States and returned to India to support her husband's struggle for justice. [11]
After completing his law degree in Chandigarh,Phoolka landed in Delhi to practice law. He served as member-secretary of the Justice Narula Committee formed in 1993 to probe the carnage. [12] He was later appointed the counsel for Central Government in January 2001. [13] He is known as a lawyer who won't take up a case if he finds that the client is in the wrong. [14]
In 2014 he joined Aam Aadmi Party. [15] In 2017 he won from Dakha Assembly constituency [16] following which he was appointed the Leader of Opposition to Punjab Legislative Assembly. [17] This appointment brought problems in his legal career,the Delhi Bar Council disallowed him from continuing his legal practice citing his acquiring an office of profit as the Leader of Opposition,hence,in July 2017,he resigned as the Leader of Opposition to fight the 1984-Sikh-riot case in the Delhi High Court. [18] In January 2019,he left AAP stating that he wanted to dedicate his life to starting a movement against the atrocities committed during the 1984-Sikh-Riots. [19]
Phoolka is well known for spearheading the crusade to seek justice in the 1984 anti-Sikh genocide in New Delhi that followed the assassination of Indira Gandhi and resulted in the killing of approximately 2,733 Sikhs and displacement of over 50,000 Sikhs within 2 days. [20] He was then just 28 years old and new to practising law and the city of Delhi. [21] He has put the cause of justice for 1984 Sikh massacre victims before his career [13] [22] and family life. [22]
Phoolka was caught in the massacre while driving pregnant wife Maninder Kaur home on his motorbike. When informed by a friend of the attacks on Sikhs,he avoided the main roads to reach his home in South Delhi via the slums of Kotla Mubarakpur. [23] Phoolka's Hindu landlord drove the mob away by telling them that the Phoolka family had left Delhi and hid them in his store room. There the Phoolkas spent 2 days,and came out under escort. They then flew to Chandigarh in the cockpit of an overcrowded plane. [24]
Phoolka planned to move his residence to Chandigarh after the riots,but he learned that lawyers were needed to draft affidavits on behalf of the victims,and went to the Farsh Vihar relief camp [21] to help. The sight of orphans,bereaved mothers and wives in the relief camp prompted the Phoolkas to change their plans. Instead of relocating to Chandigarh,they chose to stay and help the victims of the massacre. [8] Since then,Phoolka has fought cases relentlessly [8] for the victims despite alleged government cover-up. [8]
Phoolka conceived and pursued the formation of the Citizen's Justice Committee (CJC). The CJC served as an umbrella organisation for several human rights activists and legal luminaries. Floated in May 1985, [25] the CJC has been pivotal in representing the 1984 anti-Sikh massacre victims before the various judicial commissions that have been formed for inquiry into the massacres. Membership included Justice Ranjit Singh Narula,Soli Sorabjee,General Jagjit Singh Aurora,Justice V. M. Tarkunde and Khushwant Singh. [25] As a counselor for the CJC,Phoolka represented the victims before the first formal sitting of the Mishra Commission on 29 July 1985. The proceedings of the sitting were not made public and were closed to the press. [26] In March 1986,the CJC withdrew its co-operation from the Mishra Commission because it disagreed with the commission's decision to hold secret proceedings,and started filing individual court cases. [27]
To make the many documents and findings of Citizens Justice Committee on 1984 Sikh massacre available to the general public,Phoolka mooted the idea of the "Carnage84.com" website,which was launched 10 July 2001 and claimed 150,000 visits from people of 30 different countries within only 10 days of it going online. [28]
Blog on 1984 trials and related issues. Mr. Phoolka has recently started to write a blog on matters relating to the 1984 riots. His blog can be accessed at www.phoolka.org and at phoolka.wordpress.com Mr. Phoolka has also decided to tweet on issues relating to 1984 riots. His Twitter address is www.twitter.com/hsphoolka
Phoolka joined the Aam Aadmi Party in January 2014. [29] In the Lok Sabha election of 2014,he contested well from Ludhiana in Punjab on the Aam Admi Party (AAP) ticket but he lost to the Congress candidate Ravneet Singh Bittu by 19,709 votes. [30] Phoolka contested 2017 Punjab assembly elections and won the Dhaka constituency defeating Akali leader Manpreet Singh Ayali.
The fight for justice by the riot victims sent a message that the powerful and the mighty could be challenged and demolished. They were like a rock and riot victims were like ants trying to push the rock. Over the years, with our efforts, we have been able to force the rock to roll and now it rolls like a football the moment we come near it. If we stop in our efforts, it would again become stationary and grow into a mountain. [21]
Before the 1984 riots, there were no criminals in politics. Criminals just followed the politicians. But 1984 made them realise people leading mobs and killing others could get elected and become leaders......So a way was opened for criminals to make politics a profession. [6]
Phoolka, along with human rights activist and journalist Manoj Mitta, has written the first account of the 1984 Anti-Sikh massacre in the form of a book titled When a Tree Shook Delhi. [31]
Jagdish Tytler is an Indian politician and former Member of Parliament. He has held several government positions, the last being as Minister of State for Overseas Indian Affairs, a post from which he resigned after publication of a report by an official commission of inquiry, known as the Nanavati Commission. The commission had noted that he "very probably" had a hand in organising attacks on the Sikh community in Delhi after Sikh bodyguards assassinated the Prime Minister, Indira Gandhi, during the 1984 anti-Sikh riots. He has not been charged with any crimes related to those riots.
Hari Krishan Lal Bhagat was an Indian politician of the Congress party. He served as the Deputy Mayor and Mayor of Delhi, the Chief Whip of Delhi Pradesh Congress Committee (DPCC), and as a six-time MP and Union minister for 22 years. Hailed as the “Uncrowned King Of Delhi" and "Kingmaker", Bhagat was commonly known for being a successful loyalist to Indira Gandhi and maintained unparalleled influence in Delhi and the Congress Party throughout the 1970s and 80s. During his time as a politician, Bhagat instated massive influence in Delhi, and it's often alleged that no Delhi politician could start their careers without the approval of Bhagat, thus giving him the name "Kingmaker". Bhagat's career reached its peak in the 1984 election, in which his victory for the East Delhi seat was second largest out of all 543 victories in the entire country. Bhagat's career declined in the early 1990s after he was named in several commissions investigating the role of Congress politicians during the 1984 anti-Sikh riots. His alleged role in the riots is controversial, though he was cleared by the government in two trials in the 1990s and early 2000s.
The Insurgency in Punjab was an armed campaign by the separatists of the Khalistan movement from the late-1970s to the mid-1990s. Economic and social pressures driven by the Green Revolution prompted calls for Sikh autonomy and separatism. This movement was initially peaceful, but foreign involvement and political pressures drove a heavy handed response from Indian authorities. The demand for a separate Punjabi Sikh nation‐state gained momentum after the Indian Army's Operation Blue Star in 1984 aimed to flush out militants residing in the Golden Temple in Amritsar, a holy site for Sikhs. Terrorism, police brutality and corruption of the authorities greatly exacerbated a tense situation. By the mid-1980s, the movement had evolved into a militant secessionist crisis due to the perceived indifference of the Indian state in regards to mutual negotiations. Eventually, more effective police and military operations, combined with a policy of rapprochement by the Indian government and the election loss of separatist sympathizers in the 1992 Punjab Legislative Assembly election, largely quelled the rebellion by the mid-1990s.
Simranjit Singh Mann is a former Indian Police Service officer and a former Member of the Parliament in the Lok Sabha, the lower house of the Parliament of India, representing the constituency of Sangrur since 2022. He lost elections in 2024 and Gurmeet Singh Meet Hayer became new member of parliament. He is the president of the political party Shiromani Akali Dal (Amritsar). Mann has served three-times as an MP; once from Taran Tarn between 1989 and 1991, and twice from Sangrur between 1999-2004 and since 2022. He is a known Andhabhabasya and his party is known for their pro-Khalistan stances.
The Justice G.T. Nanavati commission was a one-man commission headed by Justice G.T. Nanavati, a retired Judge of the Supreme Court of India, appointed by the National Democratic Alliance (NDA) government in May 2000, to investigate the "killing of innocent sikhs" during the 1984 anti-Sikh riots. The commission was mandated to submit its report within six months, but it took five years. The report in two volumes was completed in February 2005.
Amrik Singh was the President of the All India Sikh Students Federation. He was killed in the Indian Army's operation on the Golden Temple on June 6, 1984.
The Rajiv–Longowal Accord was an accord signed by Indian Prime Minister Rajiv Gandhi and the Akali leader, Harchand Singh Longowal, on 24 July 1985. The government accepted the demands of Shiromani Akali Dal, which, in turn, agreed to withdraw its agitation.
The Dashmesh Regiment is a militant group, and is part of the Khalistan movement to create a Sikh homeland called Khalistan via armed struggle.
Sukhdev Singh Sukha was a Sikh militant and one of the two assassins of Arun Vaidya. He was responsible for three high-profile assassinations; Arjan Dass, Lalit Maken and Gen. Vaidya. He along with other members of Khalistan Commando Force participated in Indian history's biggest bank robbery of ₹ 57 million from Punjab National Bank, Miller Gunj branch, Ludhiana to finance the militancy for a separate Sikh state of Khalistan.
Citizen's Justice Committee is an Indian umbrella organization of various human rights organizations and is known for pro bono representing the 1984 anti-Sikh riots victims in their legal battle to gain justice.
The 1984 anti-Sikh riots, also known as the 1984 Sikh massacre, was a series of organised pogroms against Sikhs in India following the assassination of Indira Gandhi by her Sikh bodyguards. Government estimates project that about 2,800 Sikhs were killed in Delhi and 3,350 nationwide, whilst other sources estimate the number of deaths at about 8,000–17,000.
The Hondh-Chillar massacre refers to the killings of at least 32 Sikhs on 2 November 1984 in a hamlet in the Rewari district of Haryana, allegedly by a political mob during the 1984 anti-Sikh riots. The local police did not intervene in the massacre, pursue a first information report filed by survivors, or help resettle the survivors. The mass graves at the massacre were rediscovered in January 2011. A similar massacre occurred in nearby Pataudi.
The Dharam Yuddh Morcha was a political movement launched on 4 August 1982, by the Akali Dal in partnership with Jarnail Singh Bhindranwale, with its stated aim being the fulfillment of a set of devolutionary objectives based on the Anandpur Sahib Resolution.
Manpreet Singh Ayali is an Indian politician and leader of Shiromani Akali Dal in the Punjab Legislative Assembly, and is currently Member of the Legislative Assembly of the Dakha.
Harinder Singh Khalsa is an Indian politician. He served as a Member of Parliament (MP) from Bathinda during 1996-98 as a member of the Shiromani Akali Dal. In 2014, he joined the Aam Aadmi Party and was elected as an MP from Fatehgarh Sahib. He joined Bharatiya Janata Party in March 2019 but left the party in December 2020 to give his support to 2020–2021 Indian farmers' protest.
Ranjit Singh Narula was a former Judge of the Supreme Court of India, and former Chief Justice of the Punjab & Haryana High Court from May 1974 to October 1977. He was the acting Governor of Punjab in September 1977. He was earlier the Governor of Haryana from March to September 1976.
Sukhbir Singh Badal is an Indian politician and businessman who served twice as the Deputy Chief Minister of Punjab and is currently the president of Shiromani Akali Dal, and was a member of Parliament from the Firozpur Lok Sabha constituency. He is the son of Parkash Singh Badal, who has served five times as the Chief Minister of Punjab. He is influential over the Sikh organizations of the Shiromani Gurdwara Parbandhak Committee. Badal and his family have ownership stakes in an array of businesses- including real estate, transport and other activities.
Sikhs for Justice (SFJ) is a US-based secessionist group that supports the formation of Khalistan. Founded and primarily headed by lawyer Gurpatwant Singh Pannun in 2009, the organization was created in response to the lack of litigation to convict the murders and massacres of Sikhs after Prime Minister Indira Gandhi was assassinated by her Sikh bodyguards in 1984.
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He has been the force behind setting up of the Citizen's Justice Committee and has spearheaded one of the longest and most torturous legal battles for the riot victims.
Twelve years ago, Phoolka was just another lawyer trying to find his feet in the legal jungle of Delhi. Then came assassination of Indira Gandhi, and the genocide of Sikhs in the capital. Phoolka himself did not suffer. But the event turned his life upside down, into a long crusade for the victims of the massacre against the entire system which allowed itself to be a silent witness of those gory days…
HKL Bhagat and Sajjan Kumar were very powerful those days. My wife gave me her full support though other member of my family had some apprehensions and said this is too dangerous a work. But my response was that if on October 31, 1984, I could pass through a burning gurdwara, this was certainly less dangerous. Slowly young boys and girls joined our team. They visited areas dominated by Sajjan Kumar and HKL Bhagat and worked day and night. We were getting threatening letters, but nobody got scared. Soli Sorabjee, Tarkunde and Sikri were there with us through all this.
Fourteen years after the November 1984 genocide that claimed, officially 2,733 Sikh lives in the capital, victims families continue to await compensation. Mr H S Phoolka, member-secretary of the Justice Narula Committee set up by Chief Minister, Mr. Madan Lal Khurana to probe the carnage in 1993, laments that 'not a single person' has been punished so far. Mr. Phoolka, who is the Central Government standing counsel in the High Court and convenor of Citizens Justice Committee set up after Indira Gandhi's murder in October 1984, suggested a one-man commission be constituted to decide cases where the government has rejected/disputed victims claims.
Apart from a conscience, Phoolka is also an unusual lawyer in that he doesn't take on a case if he feels that client is in the wrong
…if it were not for my wife, I would not have been able to do all this. She was the one who kept the house going when I didn't have a steady income. I refused a couple of good jobs in the US because I was not willing to abandon my work half-way
(Where were you on October 31, 1984?) – Phoolka: I was at the High Court when I heard of Indira Gandhi's assassination. I picked up my pregnant wife from my office and was driving to out home in south Delhi on my motorbike. At a traffic crossing, a friend called to warn me about attacks on Sikhs a few meters ahead. Skirting the main roads, I drove through slum clusters of Kotla Mubarakpur to reach home safely. But looking back we could see smoke bellowing from the South Extension market. The Kotla gurdwara was burning and bodies of the head had begun to pile up.
They were living in the first floor house in South Extension, one of the areas badly hit in the riots. His landlord told the invaders that the Phoolkas has left Delhi. He later took them into his house and hid them in the store room. A couple of days later, there was fire in the neighbouring house, and when the fire-fighters and Army personnel came in, the Phoolkas managed to escape with escort. "I didn't go to a relief camp. If I had I would have known at once what was going on.