Affidavit of Mishra Commission                         Statement before Nanavati Commission  

                       

AFFIDAVIT OF SHRI N.D. PANCHOLI S/O SHRI D.R. PANCHOLI AGED 40 YEARS, GENERAL SECRETARY, CITIZENS FOR DEMOCRACY, 223, DEEN DAYAL UPADHYAY MARG, NEW DELHI – 110002.

 

          I, the aforesaid deponent hereby take oath and state on solemn affirmation as under:-

 

1.                 That the deponent is the General Secretary of Citizens for Democracy which is a Society registered under the Societies Registration Act.  It is a non-party organisation and its objects include the promotion and strengthening of democratic values and democratic institutions in the country.  A booklet issued by the Citizens for Democracy entitled ‘CFD purpose & programme’ is enclosed as Annexure-A which gives a brief resume of its activities and its aims and objectives.

2.                 That on 31st October, 1984, this Deponent was in the High Court of Delhi alongwith his friend Shri Tejinder Singh, Advocate, in connection with a case and at that time at about 11 AM he heard that Smt. Indira Gandhi, the then Prime Minister, was shot at by some mischief-mongers.  There was great shock and gloom among the people present in the High Court but the cases went on in various courts.

3.                 That this deponent, alongwith his friend Shri Tejinder Singh Ahuja returned from the said High Court at about 12.45 PM and when both of them were passing in front of the newspapers buildings at Bahadurshah Zafar Road, New Delhi, they saw large crowds in front of ‘spot news’ stands where on one of it, it was announced that Smt. Indira Gandhi was dead.  However, Government media i.e. A.I.R. and Television had declared this sad news about her death only in the evening at about 6 P.M.

4.                 That this deponent, alongwith his friend Shri Tejinder Singh, reached Tis Hazari Court at about 2 PM and after finishing his miscellaneous work, this deponent reached to the office of the Citizens for Democracy situated at Gandhi Peace Foundation, 223, Deen Dayal Upadhyay Marg, New Delhi at about 4 PM.

5.                 That this deponent immediately  issued a statement on behalf of Citizens for Democracy to the Press condemning the said dastardly assassination of Smt. Indira Gandhi with the remark that such kind of violence was further going to add to the problems of the country.  The said statement of this deponent was published in the Indian Express and other national dailies on their issues of 1st November, 1984.

6.                 That this deponent returned to his house residence situated at 1183, Chhatta Madan Gopal, Maliwara, Chandni Chowk, Delhi at about 7 PM on 31st October, 1984.  This deponent did not see any violence of incidents on his way to his residence in Chandni Chowk nor he heard of any incident inside the walled city during the night of 31st October, 84.

7.                 That this deponent watched the TV on the morning of 1st November, 1984 around 7 AM and he noticed that for about one and half hour or so there were some Sikhs also in the queue in which people were paying their homage to the departed leader Smt. Indira Gandhi.  However, after about one and half hour or so, the Sikhs were not seen at all in the said queues.

8.                 That at about 10 AM on 1st November, 1984 this deponent heard that the shops of the Sikhs on the main road at Chandni Chowk and  Nai Sarak in the walled city were being looted and were burnt by the crowds of the miscreants. He went out of his house and saw that hundreds of miscreants were breaking open and looting various shops allegedly belonging to the Sikhs. Some miscreants, who appeared to be their leaders were shouting, “Looto – Looto, Shabash, Shabash,.” This deponent was angry and shouted at them, “What Shabash, Shabash? Do not you feel Ashamed?” They pushed this deponent and shouted back,” why did you not speak when Indira was killed?” There were hundreds of miscreants and this deponent felt helpless. These miscreants were laughing and enjoying loading sarees and were carrying various items like fans, television, tape recorders, clothes and other items in their hands. Their faces looked jubilant over this loot and none of them seemed to be in grief over the sad demise of our then Prime Minister.

9.                 That this looting and arson went on throughout the day and night and strangely there was not effort at all by the police and the administration to check it. By the afternoon it had become clear that the police and the civil authorities were not interested at all in checking this violence. The said miscreants also burnt a shop of a Sikh in Chandni Chowk, outside Paranthe Wali Gali, which is only about 40 yards away from the residence of this deponent. The result was that this fire soon engulfed about 15/16 houses on the main road as well as inside Paranthe Wali Gali, which were completely burnt by the next morning. Though the fire started at about 11:30 am in the morning on 1st November, 1984, the fire brigade arrived only at about 3 pm. By that time the fire and assumed enormous proportion. There was lot of hue and cry and great commotion as the residents and the shopkeepers of the burning houses were vacating their families and trying to salvage whatever they could from the burning houses. The famous shop of Ram Chandra Krishan Chand in Paranthey Wali Gali was also reduced to ashes.

10.             That this deponent heard that arson and looting was going on in other parts of Delhi also. As there was no curfew declared, this deponent reached Gandhi Peace Foundation at his office at about 4 pm, on 1st November, 1984. From there he went to Lajpat Nagar II, we meet a friend who is a Sikh, at about 5 pm. When this deponent tried to enter Lajpat Nagar from the Defence Colony side, he saw barricades and some young man at the entrance who did not allow this deponent to enter the colony.  This deponent saw some burnt vehicles and shops.  On persuation these young men allowed this deponent to enter.  When this deponent moved in a lane on left side, he saw two Sikhs moving around freely, among others.  This deponent inquired from one of them as to what was the situation there.  The Sikh replied that there were some lootings and burning in the main market and on the main roads in the morning and all the residents were bewildered and confused upto afternoon as they did not know from where and how the outsiders came and committed  all the mischief.  But from the afternoon all the residents – Hindus and Sikhs alike, had organized themselves into joint defence committees and had decided not to allow any outsider inside the colony to do any mischief.  This deponent then went to the house of his Sikh friend who told him that the miscreants had tried to enter the colony but the residents had repulsed them with joint efforts.  He further told this deponent that the Hindu young man he saw at the entrance were members of the joint defence committees and were guarding the colony.

11.             That this deponent then returned to his house at about 7 PM and found that looting and fire was going on in Chandni Chowk without any control from the governmental authorities.  This deponent also rang upto Shri V.M. Tarkunde, Senior Advocate of the Supreme Court as well as President of Citizens for Democracy and requested that he should do something by contacting the higher authorities.  Mr. Tarkunde replied that he would try whatever he would.

12.             There was curfew declared from the night of November 1, 1984 which continued upto 3rd November, 1984.  This deponent did not go out from the walled city because of the curfew.  But in spite of the curfew, the miscreants  were allowed to do whatever they could do to loot and burn the shops of the Sikhs in the walled city upto the night of 2nd November.

13.             That at about 9 PM on 1st November, 1984 this deponent heard the rumour that the Sikhs had poisoned the water supply of Delhi.  Several residents received phone calls from various persons that the Sikhs had poisoned the water supply and accordingly they were warning others also.

14.             After passing sleepless night on 1st November, 1984 this deponent read in the morning of 2nd November, 1984 that the Sikhs were attacked and manhandled on the way to and at Teen Murti House where they were going to pay their homage to the departed leader.  Pictures of their manhandling also appeared in some papers on 2nd November, 1984.

15.             There was looting and burning on the main roads in the walled city, but houses and shops of the Sikhs in the streets and mohallas remained intact.  In my own street a Sikh named Shri Mahinder Singh resided with his family.  I along with another resident went to his house to inquire about his well being.  He and his family  seemed to be terror stricken.  We assured him not to worry.  Responsible neighbours also used to visit him and assure him that there was nothing to worry.  Some residents also stayed in his house during the night to give him confidence.  Near his house, there was a printing press of a Sikh but nobody touched his factory.  Similarly no damage was done to such houses or shops which were situated inside other mohallas and streets inside the walled city.

16.             This deponent heard the rumour on the evening of 2nd November, 1984 that the Jhelum Express had come from Punjab filled with dead bodies of the Hindus.  There was also another  rumour in our street at about 12 AM that the three Sikhs had jumped out from the backside well of Gurdwara Sisganj and were killing Hindus with their swords and were advancing towards our street.  However, all these rumours turned out to be false as nothing of this sort happened.

17.             That the curfew was lifted for the day from the morning of 4th November, 1984 and this deponent went to meet his friend Shri Rejinder Singh, Advocate in the morning at about 9 AM at his Gandhi Nagar residence and saw that about 15 to 20 shops belonging to the Sikhs were lying completely burnt on the main road of Gandhi Nagar.  However, his friend and his family were safe as the local residents had provided them full protection.

18.             That this deponent is President of the Sanyukt Transport Workers Union in which several of the members are Sikhs.  This deponent, being anxious to know about their fate, went to see them at Anand Parbat where they resided.  There this deponent found that all of them were safe as their co-workers who were non-Sikhs had also given them full protection.  But these Sikh workers had to remove their hair, beards and moustaches.  On inquiry this deponent learnt that their fellow non-Sikh friends had advised these Sikh members to remove their hair etc. in order to escape notice.  At Anand Parbat also several factories belonging to the Sikhs were burnt.

19.             That this deponent also met Shri V.M. Tarkunde, President of Citizens for Democracy on the evening of 4th November, 84 and it was decided that Citizens for Democracy should help in the investigation to find out the causes and nature of this Delhi violence.  Soon after several meetings took place in which members of other organizations were invited and efforts were made to find out real nature, cause and the extent of the said Delhi Violence which occurred from 1st November, 1984. As a result of these meetings, several volunteers were requested to collect the information from various relief camps and the affected colonies.  These volunteers accordingly did their job and supplied the information to the deponent.  It was further decided that Smt. Amiya Rao, Shri Aurobindo Ghosh and this deponent would go into the said material and would prepare a project.

20.             That accordingly, this deponent, Smt. Amiya Rao and Shri Aurobindo Ghose studied the said material and prepared a report entitled “Report to the Nation: Truth About Delhi Violence”.  A copy of the said report is enclosed as Annexure ‘B’.

21.             That all the volunteers and members who furnished information for preparing the said report Annexure ‘B’ were not guided by any personal motive or any ill will towards any one.

22.             That the said Annexure B brings out the following salient features of the said Delhi Violence: -

A.    That the violence was not spontaneous but was organized by some responsible members of the ruling party i.e. the Congress (I). While there was no known incident of killing on 31st October, `84, the brutal killings and arson started from the morning of 1st November, 1984, between 9 am to 11 am.

B.    That the violence was not communal as majority of neighbours and residents gave all possible help and protection to the Sikhs.

C.    That the police and the governmental authorities did not take any action to stop such violence. Instead, these authorities became collaborators and instigator to such violence at several places.

23.             That while publishing this report, Shri V.M. Tarkunde, President of Citizens for Democracy had advised not to mention the names of several accused as well as some victims of the Delhi Violence and therefore these names were with-held and were substituted by cross marks i.e. However, it was stated in the explanatory note that those names would be disclosed in the events of a judicial inquiry into Delhi Violence. Accordingly, this deponent discloses the said names as below in this affidavits: -

“Chapter II – Carnage: Page 7: -

a)     Jahangirpuri Resettlement Colony, names of the accused: -

1. Mangat Ram

2. Mr. Mehta

b)  Sultanpuri Resettlement Colony: page 10-11: -

3. Jai Kishan

4. Tara

5. Tiwari

6. Ashok Kumar from C-2

7. Gopi

8. Katha

9. Chauhan

10. Danny

11. Prem

12. B.Gupta, Kerosene Supplier from C-4

13. Sushil Kumar C-6

14. SHO Bhatti, Sultanpuri P.S.

15. Sukhbir

16. Dalchand

Trilokpuri Resettlement Colony page 12: -

17. Raju whose mother is important functionary of the Congress (I),

18. Ram Pal Singh

Hari Nagar Ashram page 14: -

19. Kalu Ram S.O. Municipal Councilor

20. Babu Lal

21. Ved Prakash

22. Anil Jain

23. Public Carrier No. DBG 919

Nizammudin page 15: -

24. Ramesh Kumar

25. Prem

26. Jawahar Lal

Chapter III: Pattern: page 17: -

27. Muni Dutt Shastri, Leader of Congress (I), Vinod Nagar

28. Rudrapuri

29. Sita Ram

30. Jaipal Singh

31. Dharni Bhaiswala

32. Rama Nand Gupta, the alleged known smuggler

33. Kadam Singh

34. Ajit Rationwala

35. Jai Singh kerosene depot operator

36. Rajbir Singh, Principal of a local school in Bhajanpura

37. Kalu Ram Municipal Councilor

38. Jai Kishan

39. Sajjan Kumar

40. Jai Kishan

41. Nathu Pradhan

42. Priya a narcotic seller

43. Salim

44. DEP 1314

45. Rajender

46. Dr. Ashok

47. Hari

48. Khairati Lal

49. Sajjan Kumar

50. Mangat Ram

51. Mehta

52. Jai Singh

53. Girish

54. Kuldip

55. Sajjan Singh

56. Lalu Ram

57. Babu Ram Lal

58. Ved Prakash

59. Anil Jain

60. Gulabo

61. Shanta

62. Kanta

63. Maned Hamida Begum

64. Babu Lal

65. Paramjit

66. Jaina Gujjar

67. Kadam Singh

Chapter IV: Nature of Violence: -

68. Niranjan Kaur – she was gang raped: page 28

69. Flat No.1160

70. Purshotam

71. Yamuna Devi

72. Rajinder

24.             That the daily diary register of all the police stations in Delhi is very relevant in this connection for the period from 31st October to 25th November, 1984, which will prove the conduct of the police during this period.

25.             That various complaints and reports of the victims of the said violence, sent to the police, Lt. Governor, Prime Minister, Home Minister and other authorities are also relevant in this connection. The names of several victims are available with the Delhi Administration i.e. like those widows who got compensation as well as others who also got compensation for damages to property. These victims have valuable information in this connection.

26.             That the facts mentioned in the report Annexure ‘B’ are believed to be correct and true by this deponent on the basis of information furnished during the investigation.

27.             That this deponent does not claim that the report Annexure ‘B’ is a complete reports of entire violence. His case is that it is only a small effect – a sort of sample survey of only few areas which indicated a definite pattern of the entire Delhi Violence as described in the report.

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