Letter to the Primer Minister – seeking intervention in Sajjan Kumar Case

Below is the text of the letter written by Mr. Phoolka to the Prime Minister Dr. Manmohan Singh

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Kumar Saurabh / Ramneek Singh

Mr. Phoolka’s Chamber

_________________________________________________________________________________________

23.8.2010

To,

The Hon’ble Prime Minister of India,

South Block, Raisina Hill,
New Delhi- 110 001.

SUBJECT: Sajjan Kumar’s petition for quashing murder charges framed against him

Most Respected Sir,

I have been fighting cases on behalf of the victims of the November 1984 Genocide since the past 26 years. My endeavour is to show that this country is governed by the Rule of Law and nobody can claim to be above the law. I have spent almost whole life ensuring that at least some of the perpetrators of the worst massacre in the history of independent India are punished, so as to not only act as a deterrent for anyone trying to put a dent on the country’s secular character, but also renew the victims and the common man’s faith in the justice delivery system of the country.

After the recommendation of the Nanavati Commission, the case of Sajjan Kumar was referred to the CBI for investigation. In the investigation conducted by CBI, it has become apparent that the Delhi Police has not only been trying to shield Sajjan Kumar all this while, but has committed such illegal and unprecedented acts never before heard of in criminal jurisprudence, in order to have him secured. The Delhi Police went to the extent of filing a closure report in this case, after the investigation had been transferred to CBI. This was a clear attempt to go out of their way to favour the accused, though they knew fully well that they had no jurisdiction to file such a report, the investigation having already been transferred to CBI. Taking advantage of such corrupt tactics, Sajjan Kumar has filed a petition challenging the charges framed against him for the murder of 5 Sikhs.

Since the manoeuvres of the dishonest investigation agency (the Delhi Police) in shielding the guilty have been exposed, Delhi High Court Judge, Hon’ble Mr. Justice Vipin Sanghi has taken a very stern view of the illegal acts committed by Delhi Police and directed the Police Commissioner to take action against the errant police officers. Sajjan Kumar is challenging this judgement in the Supreme Court.

In these circumstances, it becomes the duty of the Government to protect the majesty of the law and prove that at least now the Government is serious in punishing the guilty of this heinous crime. The Government should deal with this matter with the sincerity and importance that this issue deserves. The least we expect from the Government is that its topmost law officers should defend the actions of its own investigating agency, the CBI. We expect that the Government would instruct either the Attorney General or the Solicitor General of India to defend the CBI before the Supreme Court on 27th August 2010.

Sir, with utmost respect, if I may suggest that by securing the punishment of at least some of the perpetrators of this Genocide, we may be able to demonstrate to the world that no one is above the law in this country and the people of this country would not accept anyone attempting to destroy the secular fabric of India.

Yours sincerely,

Harvinder Singh Phoolka

Senior Advocate

cc:  Director, C.B.I.