PRESS RELEASE 4th May 2015 – MOGA INCIDENT

“Settlement with Victim cannot absolve owner of bus of criminal liability”

Blood money law is not applicable in India. The settlement with the victims family cannot absolve any person, including the bus owner of any liability in criminal law. Under Indian law a crime is against society and offender is prosecuted by the State. It is not the victims responsibility to pursue the criminal case, it is the duty of the State to pursue and follow the criminal case to ensure that the guilty are punished.
In the present case, the bus owner is liable both under Civil as well as Criminal law. Both run parallel. One is not a substitute to the other. A victim is entitled for compensation under the Motor Vehicles Act from the owner. The victim can settle the civil compensation case with the owner, but the owner is also liable for the criminal case under the Indian Penal code. This criminal liability will stand unaffected by the settlement between the owner and the victims family. The settlement is in the civil case and does not affect the criminal case, which has to be prosecuted by the State. As such the liability of the owners for the criminal case would continue, despite the settlement (which has to be in the civil case).

The following points clearly bring out that the owner of the bus is also equally liable under criminal Law and should be made the accused:

1. In Abhishek Goenka Vs. Union if India, WP(C) 265/2011, the Hon’ble Supreme Court has clearly held that the kidnapping and sexual assault on women is on the rise and a major contributory factor of such increase is the use of black films on windows/windshields of vehicles. In the present case, the windshields of the bus were tainted black and the rear back window of the bus was also completely blocked. The owners are totally responsible for this and should be held liable for the crime committed in the bus.
2. It has been reported in the media that the driver of the bus didn’t have a valid license, which makes the owner directly responsible.
3. In two recent cases, of the Nirbhaya murder and Uber taxi services case, the owners of the transport companies were held to be equally responsible for the crime. But in the present case the Punjab Police is working only to protect and shield the Chief Minister and his family.
4. It has also been reported that the bus did not have a Permit. This also makes the owner directly responsible.
5. It has been reported in the media that the Agriculture Minister of Punjab Totta Singh pressurized the family and the girl’s father and when the girl’s father Sukhdev Singh did not succumb to pressure, he was threatened of dire consequences. The Government’s Officials have also approached the employers of girl’s father to pressurize him.
6. This kind of interferences and pressurizing of the victim’s family and witnesses is sufficient ground to arrest the owners and keep them in a jail. Sadly, the Police is behaving like a servant of the Badal family.
A reign of terror is spread throughout the State of Punjab. Thus, whole state machinery is trying its best to shield the guilty bus owners i.e the Badal family instead of performing their duty to bring the guilty to book.

H.S.Phoolka
Senior Advocate

Formation of SIT for 1984 Riots

Have requested the Lieutenant Governor of Delhi, Najeeb Jung to set in motion the process of setting-up the Special Investigation Team (SIT) for probing the 1984 anti-Sikh riots, by officially notifying it. AAP government had sent a proposal to him for setting up the SIT earlier this month, which he had approved. Thanked him for supporting the government’s decision and have asked him to appoint police officers from outside Delhi for a thorough and impartial probe of the most brutal incident in the capital’s history.

SIT probe for 1984 riots

H S Phoolka will join two rallies at Ludhiana today – 20 Feb 2014

H S Phoolka, Aam Aadmi Party candidate from Ludhiana Parliamentary Constituency will be addressing two big rallies of enthusiastic Ludhianvis on 20/02/14:

(1) At Hero Motors, Jagraon – 11:30AM
(2) At village Chakkar – 01:30PM.

Come in big numbers to listen how Aam Aadmi Party is going to establish “The Swaraj”

APPOINTMENT OF SIT- THE FACTS

A question is being repeatedly raised as to whether the SIT to be constituted now would be able to find any evidence against the accused persons?
In the year 2005, Nanavati Commission had recommended reopening of only 4 cases. Out of these 4 cases, chargesheet was filed in 3 cases and investigation was conducted from the year 2006-2009, i.e. 22-25 years after the killings in the year 1984.
These cases had also earlier been closed by the Police as untraced. Now the investigation conducted after 25 years resulted in bringing out enough evidence to file a charge sheet in 3 out 4 cases, i.e. in 75% of the cases reopened enough evidence was found.
In one case, evidence has been recorded from the year 2010-2012. The witnesses deposed before the Court after 26/27 years and were able to withstand strenuous cross-examination by the lawyers of accused persons. 5 accused were convicted in this case, 3 were given life imprisonment and 2 were given 3 years sentence.
This clearly goes to show that the SIT proposed to be appointed, would have substantial results. If the cases closed by police which were reopened after 21 years, statements recorded after 25 years by investigating agencies, and depositions recorded after 27 years, can result in conviction then why not the statements to be recorded by SIT? Why are we then not hopeful that the cases to be reopened and the statements to be recorded now would also show results?
We must not forget that for murders there is no statute of limitation, and no matter how many years pass by, justice has to be done and the guilty must be punished. All over the world there are instances of trials and convictions years and decades after the pogroms. It is the system that has caused undue delay and failed its citizens in getting justice, how can this delay be used as a reason to deny them justice altogether?
A large number of witnesses are available and prepared to give evidence. Their memories are very much alive and the unfortunate incidents that changed their whole lives are vividly etched in their minds.
I am certain that the SIT by reopening cases wrongly closed by Police will finally achieve justice for the victims.

H S Phoolka