Jain Aggarwal Report

C H A P T E R - 2

Setting up of two committees as a follow - up of the recommendations of Justice Ranganath Misra Commission of Inquiry

2.1. As a follow up of the recommendations of Justice Ranganath Misra Commission of Inquiry, the Administration of the Union Territory of Delhi with the approval of the Ministry of Home Affairs, Government of India, constituted two committees viz. (i) Committee consisting of Justice Dalip Kapur, a retired Chief Justice of Delhi High Court and Ms. Kusum Lata Mittal, a retired Secretary to the Government of India - to enquire into the conduct of Delhi Police during the October- November, 1984 riots and (ii) Committee consisting of Justice M.L. Jain, a retired Judge of Delhi High Court and Sh. E.N. Renison, a retired IPS officer ( later on replaced with Sh. A.K. Banerji, a retired IPS officer) - to examine cases relating to riots in Delhi during October-November, 1984 vide Orders/ Notification No. F./P.S/H.S./87/1127-1244 dated the 23rd February, 1987.

2.2 These two Committees started functioning with effect form
23rd February, 1987. The committee consisting of Justice Dalip K Kapur and Ms. Kusum Lata Mital submitted their reports to the Administrator of the Union Territory of Delhi in February,1990. The functioning of the other Committee consisting of Justice M.L. Jain - Sh. A.K. Banerji, which is relevant for the purpose of this Report, needs to be described in some greater detail. The terms of reference of this committee, as laid down in the foresaid Notification, reads as under:-

Whereas a number of deaths occurred and a number of grave offences were committed in various incidents of rioting following the assassination of late Prime Minister, Smt. Indira Gandhi on 31st October,1984.
And whereas allegations have been made that cases relating to criminal offences were either not registered or were not properly investigated and followed up by the Police and Government agencies concerned.
Now, therefore, in order to have such cases properly registered, investigated and followed up the Administrator hereby appoints a Committee consisting of Justice M.L. Jain, a former Judge of Delhi High Court and Sh. E. N. Renison, a retired IPS Officer with the following terms of reference;

- To examine whether there were cases of omission to register or properly investigate offences committed in Delhi during the period of riots from 31st October, 1984 to 7th November, 1984.
- To recommend the registration of cases where necessary and to monitor the investigation thereof.
- To monitor the conduct of investigation and the follow up of cases already registered by the police and to suggest steps for effective action including fresh and further investigation, where necessary.
- To perform any other function in addition to the above

The Administration hereby authorizes the Committee to look into any papers related thereto and to give such instructions or advice as it deems necessary to the Police and the Prosecution Agency relating to registration, investigation and Prosecution of such cases.
The Administration is further pleased to direct that the Committee will give a monthly report of the progress of its work to the Administrator. The Committee will function for a period of six months.

By order and in the name of the
Administrator of the Union Territory of Delhi
Sd/-
(K.K. Bhasin)
Joint Secretary (Home)

2.3. The Committee started functioning from Vigyan Bhawan Annexe in March, 1987 but had to make way for Justice Thakkar Commission of Inquiry and consequently shifted its office to an accommodation provided under the Orders of the Lt. Governor of Delhi, in D.D.A. Building, Vikas Minar, New Delhi - 110 002 in June, 1987

2.4. The Committee relied mainly on the affidavits filed before Justice Ranganath Misra Commission of Inquiry and picked up 669 affidavits which were relevant for the purpose of inquiry. The Committee through a Public Notice published in the leading National Dailies of Delhi in 1987 invited affidavits from the persons acquainted with the subject matter of the Inquiry. 415 affidavits were received by the Committee form the affected persons and their family members.

2.5. On the basis of one such affidavit filed by Smt. Anwar Kaur, a victim of October-November, 1984 riots the Committee wrote a letter No. JJC/F.8/(67)/789 dated the 14 October, 1987 to the Additional Commissioner of Police, Delhi. It was pointed out that the contents of the affidavit disclosed the Commission of cognizable offences against Sh. Sajjan Kumar, Sh. Nathu Pardhan, Sh. Brahma Nand Gupta, Sh. Udel, Sh. Rajinder, Sh. Pearia, Sh. Hanuman and Sh. Sis Ram Halwai under Section 143,147,148, 149, 320, 435, 436, 455, 201 & 114 I.P.C. and requested him that the F.I.R. in this regard may be registered at Police Station Sultanpuri and cases investigated immediately, and the copy of the F.I.Rs. may be sent to this Committee. The Additional Commissioner of Police, Delhi wrote a reply dated the 16th October, 1987 in which it was stated that the letter dated the 14th October, 1987 of this Committee should be routed through the Delhi Administration, Delhi. To this letter a reply dated the 19th July October, 1987 was sent by the Secretary to the Commission. It was stated therein that by virtue of the Notification appointing the Committee, the Administrator of the Union Territory of Delhi had authorized the Committee to give instructions/ advice to the Police and the Prosecuting Agencies relating to registration/investigation and prosecution of such like cases. In view thereof there was no need to write the said letter through Delhi Administration as it would only delay the process of registration and investigation of such serious offences. After the aforesaid communication was sent by the Committee, a Writ Petition (C.W.P 3337 of 1987) was filed in November/December, 1987 by Braham Nand Gupta and Others in the High Court of Delhi. Vide order dated 24th November, 1987 Rule Nisi was issued and by an Interim Injunction, the Respondents No. 4 & 5 (Justice M.L. Jain and Sh. A.K. Banerji ) were restrained from making recommendations for registration of fresh cases and it was further directed that no further case should be registered on the directions/ orders of the said Respondents No ‘4’ & ‘5’.

2.6. After receipt of the Interim Injunction, directions/orders of the Hon’ble High Court of Delhi, the work of the Committee virtually came to a stand-still. The Committee, however pursed the matter with the Delhi Administration to contest the Writ Petition and get the Interim Injunction vacated as early as possible. However, the Interim Injunction continued for about two years i.e. from 24th November, 1987 to 4th October, 1989 till the final order / Judgment was delivered by Justice B.N. Kirpal and C.L. Choudhary on 4th October, 1989.