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This is an archive article published on August 25, 2010

Solicitor General should represent CBI against Sajjan: Phoolka

Senior advocate Harvinder Singh Phoolka has written to Prime Minister Manmohan Singh,seeking his intervention to ensure that top law officers of the government be asked to represent the CBI in the 1984 anti-Sikh riots case...

Senior advocate Harvinder Singh Phoolka has written to Prime Minister Manmohan Singh,seeking his intervention to ensure that top law officers of the government be asked to represent the CBI in the 1984 anti-Sikh riots case,in which Congress leader Sajjan Kumar and others have been charged of grave offences including murder,dacoity and promoting enmity among communities.

The Supreme Court will hear the former outer Delhi MP’s plea on August 27 for quashing criminal proceedings against him for his alleged role in the murder of five Sikhs in the Delhi Cantonment Area.

Phoolka’s letter states,“The least we expect from the government is that its topmost law officers should defend the actions of its own investigating agency,the CBI. We expect that the government would instruct either the Attorney General or the Solicitor General of India to defend the CBI before the Supreme Court on August 27.”

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On August 20,the Supreme Court had stayed the trial against Kumar and issued a notice to CBI on Kumar’s appeal challenging the trial court’s framing of charges against him.

Kumar had approached the apex court after the Delhi High Court dismissed his petition on July 19,questioning the Delhi Police’s motive of filing a closure report in the case in December 2005,when the CBI was still investigating the matter.

Phoolka,in the letter,terms this “a clear attempt to go out of the way to favour the accused,though they (Delhi Police) knew fully well that they had no jurisdiction to file such a report,the investigation having already been transferred to CBI”.

The letter adds: “It has become apparent that the Delhi Police has not only been trying to shield Sajjan Kumar,but has committed illegal and unprecedented acts to have him

secured.”

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“It becomes the duty of the government to protect law and prove that at least now the government is serious in punishing the guilty,” the letter adds.

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