Senior Advocate HS Phoolka Can't Represent '1984 Riot Victims' : Delhi Bar Council

No scope for Phoolka representing ’84 riot victims pro bono, should have surrendered his licence like Jaitley, Prasad, says Delhi Bar Council.

The Bar Council of Delhi said Thursday that Aam Aadmi Party leader and Leader of Opposition in Punjab Assembly Senior Advocate Advocate HS Phoolka cannot be allowed to represent the victims in the 1984-anti-Sikh riots cases pro bono and should have surrendered his licence like BJP leaders Arun Jaitley and Ravi Shankar Prasad.

The Bar Council had disallowed Phoolka from resuming practice saying he holds an “office of profit” being the leader of the Opposition in Punjab Assembly which is the rank of a cabinet minister with salary and perks.

On Thursday, senior advocate K K Manan, a member of the special committee and Ex-chairman of Bar Council of Delhi was asked if Phoolka can appear pro bono for the riot victims, as was tweeted by the AAP leader.

To this, Mr Manan told LiveLaw, "The same can't be allowed. The Advocates Act does now allow the same. No pro bono. He can't practice. We can't allow him. Had he been an MLA, he could have practiced but he is the leader of the opposition there which is the rank of a minister”.

 “He should have surrendered himself. Arun Jaitley did so himself, Ravi Shankar Prasad did. Everybody does that,” added Mr Manan.

On Tuesday, Phoolka had tweeted, “Sought permission to do 84 carnage case pro bono, Bar Council sud realize, it doesn’t amount to practice, rather sud encourage it. Seek Review”.

However, on Thursday, he again took to Twitter to say, “Will not give up 84carnage cases, Asking Bar Council if by giving up minister status, I can appear in these cases”.

Phoolka has been representing the anti-Sikh riots victims for almost 30 years now.

He was disallowed from practicing by the Bar Council on the ground that the same is barred by the Advocates Act.