NEW DELHI—Renowned Delhi High Court lawyer and former Aam Aadmi Party (AAP) MLA HS Phoolka has stated that the BJP and AAP seemed to have joined hands to shield senior Congress leader Jagdish Tytler in a case of 1984 Sikh genocide.
During the course of the hearing held on September 28, the counsel of the AAP government of Delhi left no stone unturned to deprive one of the key witnesses of the role of Tytler in this case of the security cover.
The plea filed by the witness through Advocate Maninder Singh sought the court’s direction for providing security to him and his family members in view of the threat to his life and property and to that of his family members if he does not withdraw as a witness in the case.
The Delhi government counsel opposed the plea stating that there is no further need for providing round the clock security.
However, noting the threat perception, the court asked the police to continue to provide round the clock protection to the witness.
A single judge bench of the high court presided by Justice Yogesh Khanna also issued notice to the Delhi Police and the Central Bureau of Investigation (CBI) and fixed the matter for further hearing on November 24.
Sharing the court proceedings, Phoolka said, “The witness was given security by the High Court. But it was withdrawn by Delhi Police. Actually, when he filed an application to the magistrate to reclaim the security, the latter ordered the Delhi Police to give the former security, besides asking the witness to file a petition in the High Court”.
“And magistrate has also written this in his order that CBI has termed him as an important witness and withdrawing his security is wrong. However, he said, High Court would give final order on this and he also issued an order to give him security for four weeks”, he said.
Phoolka said, “When the High Court accepted the petition today, it was surprising and sad for me to see what happened in the court. It appeared the BJP and AAP have joined hands to protect Jagdish Tytler”
“The witness is very important and in the case against Tytler, the court ordered the CBI to further investigate the case and record statement of this witness. It’s been five years since the order was issued, the CBI has not done its work. Then, the court directed Delhi Police to provide him security which was withdrawn recently”, he said.
He said, “After he ordered Delhi Police to reinstate his security, the magistrate received a letter, wherein he along with me and the witness was given death threat. However, Delhi Police did not even consider this threat letter. When the petition in this regard was approved in the High Court, counsels of both CBI and Delhi Government appeared before the judge”.
“When I heard the arguments presented by the counsel of Delhi government, I had to say that he is not the counsel of the state, but of Tytler. He went beyond the logic while opposing the security for the witness. He argued that his lie detector test has been done and now he is not needed in the case. The court said if his test would turn negative, this argument could be considered, but it has turned positive. Secondly, the CBI is saying that its investigation is underway and the petitioner is a witness in the case. How can you say that he is not needed now? Yet, he continued to oppose the witness”, said Phoolka.
He said the Delhi government’s counsel even spoke against the witness. “He tried his best to convince the judge against the witness by presenting unreasonable grounds such as he remained in jail etc. I would like to ask him about the law which deprives anyone who remained in jail, of being a witness in any case”.
“On witnessing this kind of attitude, I had to tell the court that if the case is going on, credit goes to the court. Had this case been made dependent on the Delhi Police, it would not have scrapped the case, but also killed the witnesses”.
He disclosed that as per the system in Delhi, its Police are under the union government which is led by BJP, but a panel of advocates who represent the Police in the court cases, is appointed and controlled by the Delhi government led by AAP.
“It is sorry to disclose that the Delhi government’s counsel also told the court that the witness does not need any security. It is ridiculous that the accused is being given 30 security men for the last 35 years, but the witness against him is not given even basic security. I raised this point before the judge. The counsel also raised a point that the witness must tell them that till how long he needs security. The judge replied that it is the job of the investigating agency, not of the witness, to answer this question. How could a witness come to know till how long he needs the security”, Phoolka told further.
He said, “Not only Congress has been shielding the accused and culprits of the Sikh genocide, but the BJP and AAP have also come on same page”.
“I am so grateful to the High Court that its judge delivered justice and ordered them to continue the security for 24 hours”, he added.