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SENIOR ADVOCATE H.S. PHOOLKA: AN INSPIRER FOR LEGAL FRATERNITY

 

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Vishad Srivastava, B.A. LL.B. (H)

H.S. Phoolka the man who was not allowed by Delhi Bar Council to represent the victims of Anti- Sikh movement of 1984 and against Congress Leader Sajjan Kumar as because he was holding office of profit, so he resigned from his post for the sake of those victims of Anti Sikh Movement for whom he is working for free for 30 years.

Harvinder Singh Phoolka is a Senior Advocate of Delhi High Court, politician, human right activist and author. He is fighting for one of the most devastating riot which took place after assaisination of then Prime Minister Indira Gandhi by 2  Sikh bodyguard on 31st October 1984. The reason behind for her murder was the operation bluestar in which Indian Army went inside Akal Takht and Golden Temple. As soon as she was killed immediately all the people of Sikh community was beaten in order to hound these people from Delhi. Phoolka himself was stuck in that dark night with his pregnant wife driving to his home later when he received information of riots he move to his rented home secretly and there he hid for 2 days. After then he flew from Delhi to Chandigarh with the plan to settle down their permanently but when he went into relief camp then he realized that people need him so at that point of time he cancelled his plan of shifting to Chandigarh rather to remain in Delhi and from that time till today which is eventually 30 Years Phoolka is working for free for those people. Phoolka has appeared for many cases which have national or particular community interest for example in S.P. Singh vs. Union of India he fought for the protection of candidates for contesting the elections and giving protection to them so that murder of contesting candidate could not take place. Another case was of Major Tilak Bose vs Union of India where decision was given for clear provision for admission in post graduate courses in Army quota this made the clarity in admission through Armed forces quota. These type of cases made him the lawyer of trust.

Phoolka had unsuccessfully contested the Lok Sabha election from Punjab on Aam Aadmi Party ticket in 2014 although he had won the assembly election earlier this year after that AAP had won 20 seats and emerged out to be largest opposition party and chosen him as the Leader of Opposition. As he became Leader Of Opposition which is equal to the rank of Minister so according to Advocate Act H.S. Phoolka was barred from practicing as a lawyer and all his pro-bono services will also be stopped to which Phoolka replied that he had a talk with Arvind Kejriwal and now he will be only focusing on his advocacy and will give up his post of Cabinet status and work for Anti-Sikh movement as nothing is bigger than justice for his riot.

Phoolka is the founder of Citizen Justice Committee which stands for human rights and help for all the person who are in need for any sort of legal help. They have foremost task of representing Anti Sikh massacre victims in front of various judicial commission that have been made for the victims of this riots. Some of the prominent  members of this Committee are Genral Jagjeet Singh Arora, Justice Tarkundae and Khushwant Singh and many more who are contributing for the justice of thousands of victims. Carnage84.com is the website launched by him where 10,000 papers related to Anti Sikh Massacre has been put on the digital platform which has given the access of real truth and happenings to all the people of world. His website was hit by 10 lakh people during initial launching at 2010.

Advocates like Arun Jaitely and Ravi Shanker Prasad has  given up their bar practice as they are holding position of Cabinet Ministers.Meanwhile in Punjab high court advocate Hemant Kumar, who had through his petition on how the advocate generals of Punjab and Haryana enjoy the status of a cabinet minister he had questioned whether disallowing  Phoolka from practice while allowing the AGs to even appear for the state was not discriminatory, since neither had taken the oath of a cabinet minister but only enjoyed the status of the rank. He also questioned that Atul Nanda who is Advocate Genral and registered in Delhi Bar Council and holding cabinet position same goes with Ajay Mahajan who is registered in Delhi Bar Council and holding Cabinet Rank Position and no action has been taken against him. Hemant Kumar will register complaint against these people whose information has been obtained through R.T.I. as this the question of biasness among the council for having soft corner for some advocates and some are measure strictly on laws.

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