Chandigarh/ Ludhiana (March 08, 2014): Punjab Chief Minister Parkash Singh Badal on Thursday (March 06) demanded the setting up of a special court under the chairmanship of a sitting judge of the Supreme Court to look into the the deliberate shielding of culprits and the delay in dispensing justice in the 1984 Sikh pogrom.
The Chief Minister said that his party was not averse to the setting up of a SIT to probe into the Sikh massacres, but he simultaneously maintained that it should not be constituted by the Congress. He further demanded that in case the SIT was required, then it must only be formed under judicial direction and supervision to expedite investigation and prosecution in all other cases related to this massacre.
Badal has made this statement in the Punjab state assembly.
On the other hand Senior lawyer H.S. Phoolka, who is also Aam Aadmi Party (AAP) candidate from Ludhiana Lok Sabha constituency said Badal’s statement in the Punjab Assembly was thoughtless.
“A special court is constituted for trial of cases and is headed by a Sessions Judge. For constituting a special court, an Act needs to be passed by Parliament or the assembly. Both Parliament and the Delhi Assembly have been suspended. Hence, no such Act can be passed in the near future,” he said.
Advocate Phoolka said only three 1984 massacre related cases were pending trial. “It is illogical that a demand for a special court is being made to try only three cases.”
“ Without a reinvestigation, the cases cannot be reopened. Thus, the demand is baseless” he added.
“As many as 237 FIRs have been closed by the police. To reopen these cases, the Kejriwal Government had recommended a Special Investigation Team. Ironically, the SAD opposed it”, said Phoolka.