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. |