Disallowed By the Delhi Bar Council from appearing for the victims of the 1984 anti-Sikh riots in several cases against Congress leader Sajjan Kumar and others on the ground that as leader of opposition in Punjab assembly he enjoyed an office of profit, noted lawyer H.S. Phoolka has decided to give up the cabinet-rank post in the state to return to Delhi and fight the cases.
The council’s decision has raised the pertinent issue of whether being a cabinet minister is the same as enjoying cabinet-rank status. An RTI activist has questioned if by that yardstick the Congress government in Punjab and that of the BJP in Haryana are right in conferring cabinet-minister rank on two senior practising law officers.
Phoolka, who had unsuccessfully contested the Lok Sabha election from Punjab on an Aam Aadmi Party ticket in 2014, had won the assembly election earlier this year. After that AAP, which had won 20 seats in the 117-member house and emerged as the largest opposition party, had made him the leader of opposition.
Having fought pro bono (without any fees) for over three decades the cases of 1984 riot victims, Phoolka is a known and very well-respected figure in the legal, social and political fraternity. It came as a surprise when earlier this month he revealed that the Delhi Bar Council has denied him permission to fight the riots cases.
On July 3, Phoolka had tweeted: “Sought permission to do ’84 carnage case pro bono, Bar Council should realise, it doesn’t amount to practice, rather should encourage it. Seek review.”
He had subsequently clarified that the Bar Council had stated that “an MP or an MLA can fight a case, but one enjoying a cabinet minister status cannot. I have asked them that if I give up the cabinet minister status, which I enjoy by virtue of being the Leader of Opposition, will they then permit me to fight cases.”
Phoolka further made his priorities clear when he tweeted that he would give up the post but not the fight for the victims. “Will not give up ’84 carnage cases. Asking Bar Council if by giving up minister status, I can appear in these cases,” he wrote.
On what the council’s stand in the matter was, Phoolka said, “The council said there is no difference in fighting the cases free of charge or charging a fee. I could not fight since I enjoy cabinet minister status.”
