Thursday, March 28, 2013



Mr. Phoolka argued on behalf of the Victims and also submitted his written argument. Court has taken the written argument on record. A copy of written argument is attached.

The following are the important aspects of the argument :

" 1. That for the very first time in the history of our country, has the Parliament unanimously agreed to appoint a fresh Commission of Inquiry into the 1984 Carnage, after 16 years. The Parliament was mindful and conscious of the fact that the 1984 Carnage is the largest massacre in the history of Independent India and yet the guilty have not been punished. The victims are still crying for Justice, as is all of secular India. The failure to bring the guilty to book nearly 30 years later, is giving a bad name to the judicial system of the country in the eyes of International Community and leading to an increased sense of discontentment among the Sikh Community. It is for this reason that a fresh Commission of Inquiry was constituted to ascertain facts, cases registered and the criminal justice system put into motion, to ensure that those responsible for the Carnage are adequately punished.

2. That even the Congress Party, of whom the accused herein belong, consented to the appointment of a fresh Commission of Inquiry. Statement was made by the Congress in the Parliament supporting the suggestion of the Home Minister appointing a new Commission of Inquiry. This is a well known fact of which the Court can take judicial notice.

3. That after a lengthy and tedious exercise of conducting the inquiry, running into over 4 years, the Commission primarily recommended registration of the cases against 2 political leaders namely Jagdish Tytler and Sajjan Kumar, who were largely perceived to have master minded these killings. Against one of them namely Jagdish Tytler, CBI has already filed the Closure Report. Against the other accused Sajjan Kumar the present trial is going on.

4. That considering the number of innocent lives lost, the judgment of this Court would virtually amount to writing the history of this country. It is humbly submitted that the outcome of the present trial is being impatiently watched and awaited by the whole nation, as also by the international community to see how our judicial system of this country deals with an accused whose name has been surfacing from day one as a master mind of one of the biggest massacres in the world in recent times. This issue has been raised and discussed in the Parliaments of Canada, Australia, U.K and U.S.

17. Supreme Court has rightly quoted in the judgment of Zahira Habibulla Sheikh Vs State of Gujrat and ors [AIR 2006 SC 1367] stated as follows:

"22…The law should not be seen to sit by limply, while those who defy it go free and those who seek its protection loose hope (See Jennison v. Backer (1972 (1) All ER 1006). Increasingly people are believing as observed by SALMON quoted by Diogenes Laertius in "Lives of the Philosophers" laws are like spiders' webs: if some light or powerless things falls into them, it is caught, but a bigger one can break through and get away". Jonathan Swift, in his "Essay on the Faculties of the Mind" said in similar lines: "laws are like cobwebs, which may catch smaller flies, but let wasps and hornets break through."

[Emphasis added]

18. In view of caution by supreme court and credible evidence which has come on record before this Hon'ble Court in the shape of three eyewitnesses and other witnesses now it is certain that the cobweb around a-1 Sajjan Kumar is as strong as the iron rods which he will not be able to break.

19. The arguments advanced by special public prosecutor Shri R.S. Cheema senior advocate are adopted in total. However the above arguments are raised in addition to the same.

It is therefore prayed that this Hon'ble court on the basis of incriminating evidence on record punish the guilty, accused persons, particularly A-1 Sajjan Kumar, who is the main conspirator and exemplary punishment should be given to them to send a strong message to the society that no one is above law and tampering with law and secular fabric of the country will be dealt with strictly."

Regarding the application filed by Mr. Phoolka, to place the newspaper dated 8.11.1984 and 25.11.1984 on record and summon editors. The application was argued today. Mr. Phoolka submitted that he has filed Application only to counter argument raised by Sajjan Kumar that his name has not figured in any news reports . Mr. Phoolka argued that for the first time this Plea was raised by Sajjan Kumar during the arguments and it was not raised during the cross-examination of the witnesses nor when his statement u/s. 313 was recorded.

The Judge observed that it is for the Court to see what is the value of this Plea raised by Sajjan Kumar during argument and if the editors are summoned at this stage it would delay the proceedings.

In view of this, Mr. Phoolka stated that he does not presses this application and the same may be treated as withdrawn.

The Court has now fixed 3rd April as final day for the counsels of parties to add whatever they want. On 3rd April the judgment is likely to be reserved.

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