Legal team didn’t defend case in HC strongly, says Kunwar Vijay
The officer, who has opted for voluntary retirement from service, trains guns at Punjab advocate general Atul Nanda
CHANDIGARH: Inspector general of police Kunwar Vijay Pratap on Tuesday hit out at Punjab advocate general Atul Nanda, alleging that the legal team led by him didn’t strongly defend the Kotkapura police firing case in the Punjab and Haryana high court.
“The home department had in writing issued instructions to the AG to appear in person in cases related to 2015 Bargari sacrilege. However, when the decisive hearing came up in the HC, the AG went on leave,” Kunwar said in an interview to a web channel.
Kunwar’s statement came hours after his premature retirement request was accepted by chief minister Capt Amarinder Singh.
The Punjab-cadre officer had resigned on April 11, two days after the HC quashed a probe by a special investigation headed by him into the Kotkapura firing incident.
The court had also asked the state government to reconstitute the SIT without Kunwar.
“For this legal team, including some high-profile lawyers from Delhi, the sacrilege case is like kuber ka khazana (a moneyspinner). The fee for one appearance is more than my three-year salary,” alleged Kunwar.
“They even used to make me stand outside their office during case discussion as if I was a peon,” he added.
“Whenever I met the CM in the matter pertaining to the case, the latter would call the AG,” said Kunwar.
He also alleged that in the case in which the HC quashed the SIT findings, he pleaded several times before the legal team to contest the maintainability of the civil petition filed by a subinspector.
“As a law graduate, I know that the civil petition can’t be filed when trial for the criminal case has started. It is very clearly stated in the law, but the legal team failed to notice this point,” he said.
‘Phoolka didn’t leave his ego to fight the case’
The officer also slammed Supreme Court lawyer HS Phoolka for not fighting the case.
“I used to consult him as he had openly announced that he would contest the cases related to sacrilege free of cost. I called him several times to appear in the high court but he expressed his inability saying that he doesn’t appear in the courts below the SC,” alleged Kunwar.
“When I tried to convince him, he asked a junior lawyer to help me, who, I later found out, was helping the opposition parties,” alleged Kunwar.
On his part, Nanda said the Punjab government had assigned the matters (pertaining to the police firing cases) to a specialised legal team headed by a senior advocate from the Supreme Court. “In his scenario, there is no question of my appearance or going on leave. The judgment in the case is awaited. That will clear all the facts,” he added.
Earlier, the state home department accepted Kunwar’s voluntary retirement request with effect from April 15 and issued a notification.
The department also waived the three-month notice according to VRS rules.
Initially, Capt Amarinder Singh refused to accept Kunwar’s resignation and tried to persuade him to take back his plea, but the officer was firm on his stand.
Shiromani Akali Dal leader and former minister Bikram Singh Majithia on Monday claimed that the officer was set to join the Aam Aadmi Party.