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C H A P T E R - 2 N
O R T H D I S T R I C T D.C.P.
: Shri S.K. SINGH: (From
28.6.83 to 18.8.86) 2.1
North District of the Union Territory of Delhi is the largest,
both in area and population. It
covers part of old Delhi from Red Cross to Alipur and Narela and includes
the most crowded places like the walled city, Chandni Chowk and Subzi
Mandi. The area of Delhi
University also falls within this District.
The District is Sub-divided into the following five Sub-Divisions
comprising of 15 Police Stations: - SUB- DIVISION KOTWALI
SUB DIVISION SUBZI MANDI
SUB
DIVISION SADAR BAZAR
SUB
DIVISION KINGSWAY CAMP
2.2
The trouble in this District started in the evening of 31st
October 1984, particularly in Subzi Mandi area and on Bahadur Garh Road
under Police Station Bara Hindu Rao.
While in some Police Stations the trouble was contained as soon
as it began, in a few other Police Stations the situation remained bad
for more than two days and stray incidents continued to occur right up
to 4th November 1984. 2.3.
One of the
precautionary measures of Deputy Commissioner of Police (North) after
the assassination of late Prime Minister was to get in touch with the
Superintendent of Police, Sonepat on 31.10.84 ( at 11.25 hrs) to ward
off the entry into Delhi of Sikhs traveling by road.
Besides, the SHOs of Alipur and Narela also sealed the borders
fairly effectively as a result of which miscreants from outside Delhi
could not enter Delhi
in large numbers. Some bad
characters, however, did manage to enter North Delhi by trains on 1.11.84,
particularly by Jhelum Express. 2.4.
While sealing of the borders was a wise decision, changing of a
number of SHOs on the night of 31.10.84 and 1.11.84 and replacing them
with new persons was certainly not administratively desirable.
Among the SHOs changed were Inspector Gurmail Singh (Subzi Mandi),
Inspector Trilok Singh (Sarai Rohilla) (both Sikh officers).
Inspector Ram Gopal, SHO P.S. Lawrence Road was also replaced by
Inspector Asa Ram. In addition
to these SHOs, even Shri Kewal Singh, ACP, Subzi Mandi (another Sikh Officer)
was transferred in the morning of 1st November 1984.
According to the stand taken by Delhi Administrator before Justice
Misra Commission, these officers were transferred under orders of Addl.
Commissioner of Police Shri H.C. Jatav through D.C.P. (North).
The changes at this crucial stage do not appear to be an act of
administrative wisdom. If
the intention was to remove the Sikh officers, then SHOs at Alipur and
Bara Hindu Rao were also Sikhs but they were not touched and both of them
controlled their areas reasonably well.
Besides this, the change of SHO of P.S. Lawrence Road, who was
not a Sikh and was being replaced by another at this critical juncture,
was definitely not administratively proper.
The new SHO – Inspector Asa Ram has himself admitted that he was
new to the Police Station and was not even well aware of the topography.
He was therefore not effective. 2.5.
The overall
picture emerging from the affidavits filed before Justice Misra Commission,
affidavits received by this Committee and the records of Delhi Police
is that the Police Stations Subzi Mandi, Sarai Rohilla, Adarsh Nagar,
Kingsway Camp and parts of Ashok Vihar and Kashmere Gate were badly affected.
On the other hand, in the areas of Police Stations of Kotwali,
Lahori Gate, Civil Lines, Narela, Bara Hindu Rao, police did reasonably
well in controlling the riots. The
other police stations can be stated to be neither good nor bad.
Specific allegations against individual police personnel are comparatively
few and will be discussed while dealing with the Police Station concerned. 2.6.
The total
number of deaths in this District, as per Ahuja Committee Report was about
151. In addition to this,
there were fairly large number of incidents of arson and looting and the
loss of property was quite substantial. 2.7.
It is not proposed to discuss all the Police Stations in detail,
but only the following Police Stations, which were badly affected: - 1.
P.S. Ashok Vihar 2.8.
The officers who have done exceptionally well
and deserve to be commended are as follows: - a) 2.
Shri H.L. Kapoor,
: ACP, Kotwali. 3.
Inspector O.P. Tiwari,
: SHO Kotwali 4.
HC Satish Chander,
No. 2/N, P.S. Kotwali. These officers had done exceptionally good work especially in dealing with the situation outside Gurudwara Sis Ganj in P.S. Kotwali on the morning of 1st November 1984. A big crowd had collected and was indulging in arson and looting and was bent upon attacking Gurudwara Sisganj, which is one of the most sacred religious places of the Sikhs, in Delhi. To encounter the mob, Sikhs in fairly large numbers brandishing swords had come out of the Gurudwara and a confrontation was in the offing. With hardly any force with him, Shri Maxwell Periera stood between two warring groups and persuaded the Sikhs to go inside the Gurudwara. He warned the mob, trying to attack, to disperse and when he found that they were not willing to disperse and were indulging in arson and looting, he ordered H.C. Satish Chander to fire 3 rounds at the mob. As a result, one of the men in the mob dropped dead. Shri Pereira immediately announced a reward of Rs. 200/- to the Head Constable on the spot and within the hearing of the crowd. This resolute and firm stand of Shri Pereira had an instant impact and the mob dispersed. Thereafter, there was no serious incident during the entire period of riots. This incident is being g mentioned, as it proves beyond doubt that where the police officers showed the strength and the determination to check the riots, they could be really effective with very little force. b)
Besides the above, Inspector P.D. Duggal, SHO Lahori Gate Shri
Khushwant Singh, SHO Bara Hindu Rao and Inspector U.C. Kataria, SHO Narela
have done r4easonably well in keeping the situation under control within
their jurisdiction. (i) P.S. Lahori Gate: - On 31.10.84 when violence erupted, the SHO took effective action, fired 9 MM pistol rounds, arrested 14 persons on the spot, and registered a case of rioting and and decoity against them., Again, on 1st November, the ACP Lahori Gate and SHO resorted to firing at the mob looting shops and arrested as many as 30 people, 26 at one place and 4 at another and resisted 2 cases. Some of the culprits were arrested along with the looted property. Teargas was also quite effectively used against the rioters. As a result, not a single death was reported in this Police Station. There is no affidavit pertaining to this Police Station either in Misra Commission or before this Commission. (ii) P.S. Bara Hindu Rao: - The first incidents of violence on the evening of 31.10.84 were dealt with effectively, where along with the PS staff, the ACP also reached and fired a number of teargas shells. As many as 14 persons, who refused to disperse even after use of teargas, were arrested on the spot and a case registered on the night of 31st October/1st November itself. On the next day, as many as 32 persons were arrested for looting and arson and a case registered for murder etc. as 2 dead bodies were also found. There was no attempt to minimize the offence. In another incident on 3.11.1984 when a huge mob was looting Azad Nagar Gurudwara, ACP reached their along with the army contingent. Firing was done by the ACP himself and one person was shot in the leg and many others injured. 6 persons were arrested on the spot along with the property looted from the Gurudwara. There are no affidavits pertaining to this Police Station, either before Justice Misra Commission or this Committee. (iii) P.S. Narela: - Regarding this Police Station, there are no affidavits before this Committee or Justice Misra Commission. There were 6 deaths in the PS but the number would have been much more had the SHO not taken immediate preventive steps as ordered by the DCP The border with Haryana was sealed. About 100 trucks were parked with mostly Sikh drivers at the Sindhu Border petrol pump. The SHO persuaded the drivers to take the vehicles into Haryana and deployed guard at the petrol pump and this contained the trouble in this area. (iv)
In some other Police Stations though the situation was generally
satisfactory, some bad incidents did take place.
For example, the burning
of a large number of taxis at the ISBT under P.S. Kashmere Gate.
This incident has been described in the affidavit by Sri Smithu
Kothari (2268). He has stated
that he saw a mob of about 40 people, systematically setting fire to 20
odd taxies inside ISBT. These
persons had 5 litre cans of inflammable material being used by them to
set fire to the taxis. He
contacted PS Civil Lines but they gave no help, as the place apparently
was under a different Police Station. Sri Kothari went to ISBT again and
on going around want to the Police Post at ISBT where he saw 6 Constables
and an official watching the whole exercise as if it was a show.
The policemen refused to take action, when asked by the deponent.
The FIR registered at PS Kashmere Gate in respect of this incident
(FIR No. 704 registered at 3.30 PM. On 1.11.84) narrates the events.
SI Ram Singh, HC Kalloo Khan, Constable Udai Singh, Constable Yad
Ram, Constable Ram Kishan were present at the departure block and went
there on hearing noises. ASI
Amar Nath and Constable Sunder Lal were already present there.
Two Sikhs were also seriously injured who were sent to the hospital
in the vehicle of Inspector Vigilance Shri Hari Bhushan who had reached
there with staff. 2.9
In regard to this incident, the fact remains that the police staff
at the ISBT PP took no action to prevent the burning of taxis as has been
stated by Shri Smithu Kothari, an independent person who had seen the
events first hand. Suitable
disciplinary action needs to be taken against SI Ram Singh, who was on
duty inside the ISBT. Besides
this, major penalty proceedings are called for against ASI Amar Nath,
who was in charge of the Police Post at ISBT, and in whose presence the
taxis were burnt. The fact,
that not a single person was arrested during the arson shows his indifference
if not connivance. There
is no point in recommending any action against the constables when the
officer I/C of the PP himself was not inclined to take any steps to prevent
the arson. 2.10.
Regarding deployment of special Branch staff in the District, it
has been found that the intelligence staff had been sending regular information
regarding the various incidents of rioting and there was no attempt to
cover up the events. Since
the events were occurring at a very fast pace, it was apparently too much
to expect any advance intelligence or forewarning by this staff.
In the situation prevailing, it was enough that they were continuously
passing on the information to the higher authorities as soon as any serious
incident occurred at different places.
There is, however, only one important event missing from their
report, which pertains to the firing by the Railway Protection Force in
Sarai Rohilla. However, no
action against the intelligence staff attached to the District is called
for, as senior officers were interested in blacking out this incident,
as discussed later. 2.11.
A detailed analysis of the 5 seriously affected Police Station
follows: S.H.O.
: INSPECTOR
YASHVIR SINGH. 2.12.
Police Station Ashok Vihar covers a very wide area with mixed population
of the well to do as Jhuggi-dwellers.
It has an industrial area under it with a lot of labour population. AFFIDAVITS
RECEIVED BEFORE MISRA COMMISSION 2.13.
Out of the affidavits received before Misra Commission, the following
3 pertain to the incidents within the area of this Police Station. The first two have been examined in the Misra Commission. 1.
SHRI MAHESH SHARMA S/o. SHRI DESRAJ SHARMA (2280): - He, a non-Sikh,
has stated that a huge mob had collected in the morning at about 9.00
AM. On 1.11.84 carrying in their hands iron rods, oil cans, white powder
packets, etc. They attacked
house No. 617 which belonged to a Sikh and set it on fire.
They also looted whatever they could lay their hands on.
All the time, two policemen with revolvers are stated to be present.
In his cross-examination, he has given the name of one of the two
officers as Mange Ram. He
has stated to have seen his name on the nameplate of this Police Officer’s
uniform. According to him,
the policemen appeared to be helping the mob rather then taking any action. 2.
SHRI INDER SINGH S/o. SARDAR MOOL SINGH (2526):- He was a resident
of House No.617, Nimri Colony which was attacked by the mob as mentioned
in the earlier affidavit of Shri Mahesh Sharma.
He has named a number of persons who were leading the mob and indulging
in looting and arson. He
has also mentioned the names of two officers Mange Ram and Raja Ram, both
ASIs who were there along with the mob.
Both were armed with revolvers but took no steps to stop the mob.
According to him, the mob at first attacked the house of a Sikh
neighbour Sardar Man Singh, resident of house No.619 in the Nimri Colony.
His house is stated to have also been put on fire and burnt.
According to him, ASI Mange Ram went into the house, looted the
cash which was inside the safe and the deponent claims to have seen Mange
Ram stuff the notes in his bag. He made a number of complaints against Mange Ram and the other
police officer but no action has been taken.
In his cross-examination, he has confirmed allegations made in
the affidavit.
Detailed enquiries had been made by the investigating agency of
Misra Commission in respect of this affidavit and a number of persons
examined. The presence of
ASI Mange Ram on the scene was established as indicated by Shri Mahesh
Sharma and S. Inder Singh. ASI
Raja Ram himself has accepted having been on duty along with the other
ASI and 4 constables. During
these enquiries, it has also come to light that one Ram Chand Nagoria,
Vice President of the Youth Congress (I) of the East District along with
a number of other non-local persons was allegedly leading the mob.
This enquiry report also mentions that Ram Chand
Nagoria had stated that ASI Raja Ram and ASI Mange Ram themselves
indulged in the loot in the course of which the revolvers of the ASIs
had apparently been snatched away by the members of the crowd when general
loot was going on and the revolvers were restored to the ASI’s at the
instance of Ram Chand Nagoria. 3.
SHRI MADAN MOHAN S/o. SHRI JAGMOHAN NATH (2513): - He was the immediate
neighbour of Sardar Inder Singh living in Quarter No.616, Nimri Colony.
He has described the attack on the house of Sardar Inder Singh
and has also mentioned two Police Men armed with revolvers present there
along with the mob. AFFIDAVITS
RECEIVED BEFORE THE COMMITTEE. 2.14
One affidavit of SARDAR MAN SINGHS/o. SARDAR RAM SINGH (211), Nimri
Colony, has been received. It
relates to the deponent’s house having been burnt as has also been stated
in the affidavit of Sardar Inder Singh received in the Misra Commission,
which has been discussed earlier.
He has given similar details as Sardar Inder Singh and has named
Mange Ram and Raja Ram ASIs who were there along with the mob.
Both were stated to have been armed with revolvers.
According to the deponent, some inquiries were conducted against
ASI Mange Ram by Deputy Commissioner of Police
(North) who had recorded his statement but nothing further appears
to have been done in the matter. SEQUENCE OF INCIDENTS 2.15.
Incidents of violence in this Police Station started mainly on
the morning of 1.11.84. There
were attacks on Gurudwaras and the houses of Sikhs at various places and
messages in this regard were being received on wireless almost continuously.
The serious incidents, according to the police records, were the
burning of Gurudwara Phase I Ashok Vihar, Deep Cinema, Shopping Complex
in Wazirpur Industrial Area and Nimri Colony.
The last serious incident in this Police Station occurred in the
Industrial Area on 3.11.84. DEATHS 2.16.
About 10 persons (7
Sikhs and 3 non-Sikhs) were killed in this Police Station. F.I.R.S 2.17.
1.
FIR No. 502 – was registered on 1.11.84 at 1.35 PM. On a telephonic
information from Mukhtiar Singh Pradhan from Wazirpur Industrial Area
regarding an attack by a mob on a factory.
The mob was stated to have been armed with lathis etc. and indulging
in arson. Two Sikhs were
also stated to have been beaten with lathis and fell to the ground.
On receipt of this information, force was sent to the spot.
The factory is stated to have been burnt and the mob started running
away on seeing the police. Twelve
of the miscreants were arrested on the spot along with lathis and iron
rods. 2.
FIR No. 503 – was registered on 1.11.84 at 4.20 PM.
This FIR covers a number of incidents at various places.
Infect, it names specific places where rioting was alleged to have
taken place. According to
the FIR, the mob was finally encircled near Wazirpur Gurudwara and 14
of the miscreants arrested along with lathis and other weapons. 3.
FIR No. 505 – This case was registered on 3.11.84 at 1.20 PM on
the report of SI Jagdish Prasad Soni and pertains to incidents of arson
in the Industrial Area. The
SHO is stated to have reached the spot and fired 4 rounds from his revolver.
After lathi charge, the crowd is stated to have been controlled
and miscreants were arrested on the spot along with lathis and iron rods.
One dead body was also found and one injured person was sent to
Hindu Rao Hospital. DISCUSSION 2.18.
There were widespread incidents in this Police Station but the
redeeming feature was that a number of arrests were made on the spot where
rioting was going on. While
only 3 FIRs were registered, in each of them there are specifically named
accused persons arrested along with lathis and other weapons etc.
This indicates that at most of the places the police did try to
take effective action. 2.19
However, there are specific allegations against two ASIs Mange
Ram and Raja Ram. These allegations have come not only from the affected persons
but also from independent witnesses who have deposed before the Misra
Commission. The enquiries
made by the investigating agency of the Misra Commission also proved that
the two ASIs were present and were deliberately ineffective.
Infect, some of the statements indicate that they participated
in the loot themselves. The
statement of Shri Ram Chand Nagoria, Vice President of the Youth Congress
(I) of East District goes on to show that the two ASIs were so involved
in the loot that they even lost their service revolvers, which were subsequently
restored to them at the instance of Shri Nagoria.
This also shows that Shri Ram Chand Nagoria had control over the
mob as only in that case could he have the revolvers of ASIs Mange Ram
and Raja Ram restored. The
affidavit of Shri Man Singh received in this committee also corroborates
what has already been given in evidence before Misra Commission.
There appears to be no reason to doubt that these two ASIs were
present with the mob when the attacks in the Nimri Colony had taken place.
They were armed and took no action to control the riots.
If anything, their presence and helping attitude had encouraged
the miscreants who indulged in looting and arson.
There are no allegations against any other police officer. RECOMMENDATIONS 2.20.
Departmental action for major penalty is called for against ASI
Mange Ram and ASI Raja Ram as neither of them is considered fit for retention
in the Police force. SHO.
: INSPECTOR DURGA PRASAD 2.21.
Police Station Kings way Camp covers the area of new Police Lines
and the headquarters of some battalions of Delhi Armed Police.
Important localities in this Police Station are Model Town and
Gujranwala Town. AFFIDAVITS
RECEIVED BEFORE MISRA COMMISSION 2.22.
Seven affidavits were received by the Misra Commission, out of
which two persons were examined. 1.
SHRI JAIMAL SINGH S/O ARJAN SINGH OF MODEL TOWN (172): He has described
how on the morning of 1st November, 1984 some persons were seen moving
around apparently to locate some houses according to a list in their possession.
A little later a mob started attacking these houses.
The policemen were stated to have been standing in a corner near
the house of the deponent but they did not help.
Instead some neighbours came to their help.
He has been cross-examined and confirmed the correctness of his
statement. 2.
SHRI RAJINDER PAL SINGH S/O SHRI SARWAN SINGH (2674): He has stated
that his house was located behind the Police Lines are alleged to have
shouted slogans against the Sikhs.
Stones were also thrown from the Police Lines in the night of 1.11.84.
In his cross-examination he has stated that he tried to contact
the Police Lines but no one responded and he was not allowed to take shelter
there. 3.
SHRI PIARA SINGH S/O SHRI JAGAT SINGH (2733): He has narrated how
some persons known to him had led the mob to loot his house and factory. He also narrated everything to the SHO, Shri Durga Prasad.
According to the deponent, the SHO along with one S.I. Sat Parkash
was seen coming with a mob but instead of helping the deponent, the two
police officers were instigating the mob.
No action is stated to have been taken by the police on his complaint. 4.
SHRI AJIT SINGH SAWHNEY S/O SHRI GURBACHAN SINGH SAWHNEY (131):
He has described how in the afternoon of 1st November 1984 his
house was attacked by a mob. He
went up to the balcony of the first floor of his house and fired in the
air. The mob ran away but
a little later flying squad and the police party from the PS came to the
site. According to the deponent,
on seeing the police he went back to the door when a policeman standing
near the flying squad took aim at him and fired and injured him in the
back. ACP Shri D.L. Kashyap
however took him to the hospital for treatment and 2-armed constables
were posted by him at his house for the next 2 days.
His gun and revolver taken by the police were later returned to
him. 5.
SHRI J.S. UPPAL S/O SHRI SARDAR SINGH UPPAL (2670): He was a resident
of Gujranwala Town and according to him, on the morning of 1st November,
a large number of Jhuggi-Jhopri dwellers gathered, raised slogans and
burnt a number of houses. The
deponent was saved on the intervention of some of the neighbours.
He has stated that he approached the Police Station several times
requesting the SHO and the ACP that a number of items of looted property
could be seen in the Jhuggi’s even from outside, but no action was taken
by the police to recover property. 6.
SHRI PRITPAL SINGH S/O LATE CHARAN SINGH (37): - A resident of
Model Town, he has stated that he know the names of the people who had
instigated, organized and participated in the violence but did not want
to give their names as he did not expect any action to be taken against
them and also there was no guarantee of his security.
He has mentioned general matters in his affidavit, which cast a
poor reflection on the credibility of the police. 7.
SHRI SATWANT SINGH S/O SHRI GURBACHAN SINGH (2562): - He has described
how two DTC buses came to Gujranwala Town at about 11.30 AM and crowds
alighted from the buses and indulged in arson and loot.
They allegedly dragged out two Nihang Singhs (Sikhs), hit them
with iron rods and burnt them after pouring some inflammable material.
Cars and two wheeler scooters of the residents of Suri Niwas near
the Gurudwara were burnt and their house set on fire.
A report was lodged to this effect at Kingsway Camp Police Station.
The deponent’s factory was also burnt at about 5.00 PM. AFFIDAVITS
RECEIVED BEFORE THIS COMMITTEE. 2.23.
All the affidavits received before this Committee are general in
nature and do not name anyone from the police who would have specifically
failed in their duty. Instead,
one of the deponents, Jathedar Prahlad Singh S/o Shri Mohinder Singh has
praised the role of Shri. D.L. Kashyap, ACP, who is stated to have saved
the lives and property of a number of Sikhs during the riots. SEQUENCE
OF EVENTS 2.24.
The incidents of looting and arson started in the P.S. in the morning
of 1st November. The first
incident was at the Taxi Stand of Rana Pratap Bagh where taxis and buses
were set on fire. There were
incidents of arson and looting in Model Town and the outer ring road.
Mukherji Nagar Gurudwara was also set on fire. A number of incidents of similar nature were reported on wireless
from different places in the Police Station.
For instance, there is a message that 7 dead bodies were found
between Chowk Mukarala and Wazirabad on the 4th with more still
lying there. The incident
of attack on the house of Shri Ajit Singh Sawhney narrated in affidavit
No. 131 has also been mentioned in the report of the SHO giving the sequence
of events. This report corroborates
the statement of Shri Ajit Singh Sawhney and one gun with two empty cartridges
and one revolver were taken into possession by the police in the presence
and under the supervision and guidance of ACP Kingsway Camp.
The deponent in this incident has not made any allegation against
the ACP. A large number of incidents have occurred in this Police Station
and one Gurudwara in Model Town and one on Lucknow Road were set on fire.
However, there are not too many incidents on the 2nd
and 3rd November, though stray rioting and arson continued
till the 4th November. 2.25.
The following cases were registered during this period: FIR
NO. 785 Was registered on 1.11.84 at 6.15. P.M.
on a report of SHO Durga Prasad.
It mentioned the incident of burning taxis at Rana Pratap Bagh
Taxi Stand where he is stated to have dispersed a mob.
It has been stated that large crowds were gathering around the
Gurudwaras and indulging in arson.
It also stated that at various places, dead bodies were found. FIR
NO. 786 Was registered on 2.11.84 lat 10.20 A.M. on a report from S.I.
Jai Prakash. The SI had gone
on telephonic information to a house in CC Colony.
On reaching there, the SI found the rear portion of the house burnt.
There is no mention of any loss of life in the FIR. FIR
NO. 787 was registered on 2.11.84 at 11.55 AM on the report of Sardar
Bhagat Singh S/o Shri Tara Singh sent to the PS through SI Natarpal Singh.
It has been stated in the FIR that at about 9.00 A.M., a crowd
collected and attacked his house.
The complainant’s father was seriously injured and his scooter
etc. burnt. His father was
removed to the hospital. No
one has been named in the FIR. FIR
NO. 789 was registered on 4.11.84 at 6.30 A.M. on a written report sent
by SI Shyam Singh. A timber store was stated to have been burnt and on
information on telephone, the SI along with the staff had reached there.
The fire was stated to have been extinguished by the
Fire Brigade by the time SI reached.
There was no loss of life. DEATHS 2.26.
According to the Delhi Ad ministration figures, there were only
9 deaths and as per the affidavits filed before Misra Commission the number
of deaths would around 15. The
total number of persons killed at the Police Station would be nearer the
figure of 15. POLICE ACTION 2.27.
There have been no arrests in this Police Station under any of
the registered cases during the period of the riots.
However, 14, 18 and 71 people were taken into custody under preventive
sections on 2nd, 3rd and 4th November
respectively. 2.28.
Total numbers of rounds
fired during the period are 6 on 1.11.84, 28 on 2.11.84, 14 on 3.11.84
and 3 on 4.11.84. There is
no other Police action. Sufficient
additional police force consisting of 2 SIs. 13 HCs. And 177 Constables
were received at the P.S. on 1.11.84 followed by more force on 2nd
and 3rd November. As
such, this Police Station also cannot take the plea of non-availability
of adequate force. DISCUSSION 2.29.
The events indicate that the incidents of rioting were not properly
monitored and adequate efforts not made to control the situation in this
Police Station. The fact
remains that no arrests in any of the cases were made during the actual
rioting and the rioters not dealt with effectively. Specific
allegations have been made against the SHO in the affidavit of Shri Piara
Singh. He has named SHO Durga
Prasad and SI Sat Parkash as part of the mob.
Allegations have also been made against the policemen of the Kingsway
Camp Police Lines. The incidents
narrated by Shri Rajinder Pal Singh in his affidavit, regarding stone
throwing from the Police Lines, show that there was no discipline within
the force and the police personnel were not under the control of the senior
officers. RECOMMENDATIONS 2.30.
Suitable disciplinary action is recommended against Inspector Durga
Prasad and SI Sat Prakash and the police authorities should look into
the conduct and indiscipline on the part of the policemen in the Police
Lines in Kingsway Camp and take deterrent acltion against them. SHO:
INSPECTOR ROOP CHAND 2.31.
Adarsh Nagar Police Station covers a wide area and at the relevant
time it had the following three Police Posts under it: - 1.
PP Shalimar Bagh 2.
PP Jahangirpuri 3.
PP Pitampura. AFFIDAVITS RECEIVED BEFORE MISRA COMMISSION 2.32.
A number of
affidavits were received before Misra Commission out of which 8 persons
were examined. The gist of
the important affidavits is as follows: - 1.
SHRI PRITPAL SINGH S/O SHRI ATMA SINGH (2298): - He describes how
an attack started on the morning of 1.11.84 in Shalimar Bagh.
He rang up the police station and was told that they would be coming.
He was saved by his neighbours who confronted the mob and did not
let them do any physical harm while giving shelter to the deponent and
others. According to him,
a police jeep also did come with 78-armed policemen but they took no action
whatsoever to control the situation.
2.
SMT. BALWINDER KAUR W/O SHRI PRITAM SINGH (2546): - There are two
affidavits of the same number which, though somewhat different, contain
the same material facts. She
has described how a mob came to her house on the evening of 1st November
and asked for her husband Pritam Singh.
The leader of the mob advised them to stay inside their house.
However, next morning, her husband saw two policemen on the site
and called out to them seeking protection.
They refused and went away.
Shortly thereafter a big mob came and asked her husband to cut
his hair and shave his beard if he wanted to survive.
On his refusal, they attacked him and their neighbours and at least
3 people including her husband were killed. 3.
SMT. AJMER KAUR W/O SHRI UJAGAR SINGH (2632): - She has described
the killing of her husband and4 others and has stated that the crowd also
looted their personal belongings.
This incident had occurred at Karachi Garden on G.T. Karnal Road
under this Police Station. 4.
SHRI SURENDER SINGH S/O LATE MOHINDER SINGH OF JAHANGIRPURI (2717):
- He has given details of 5 persons having been killed including 3 mentioned
by Smt. Balwinder Kaur. He
has also named the persons who were leading the mob. 5.
SMT. SARABJIT KAUR W/O INDER SINGH OF JAHANGIRPURI (2631): - She
was a neighbour of Smt. Balwinder Kaur and Shri Surender Singh and has
also testified to the killing of her husband. 6.
SMT. CHARANJIT KAUR W/O SURENDER SINGH (140 and 2283): - She has
described the incidents in ‘K’ Block in Jahangirpuri where she saw a Sikh
driver being killed and burnt. 7.
SHRI HARVINDER SINGH S/O SARDAR BIR SINGH (144): - He has described
an attack by a mob on him, who robbed him of his watch and gold ring etc.
at Adarsh Nagar. 8.
SMT. PREM KAUR W/O SHRI RAM SARUP SINGH (141): - She is a resident
of ‘J’ Block, Jahangirpuri near the houses of Smt. Balwinder Kaur, Shri
Surender Singh and Smt. Sarabjit Kaur.
She has described how some of the persons who have been named and
are common in all the affidavits were holding a meeting on the roof of
the house of their leader on 1.11.84 at 10.00 AM.
Her husband and she herself were beaten severely by the people. 9.
SMT. MOHINDER KAUR W/O SHRI FAUJA SINGH (2553): - She is also a
resident of Jahangirpuri and has given, more or less, the same details
as the other deponents of the area and named the same persons who were
responsible for all these killings.
He husband, her husband’s elder brother and nephew were killed
and burnt. 10.
SHRI MOHAN SINGH S/O SHRI GURMUKH SINGH (2515):-
He is a resident of ‘K’ Block, Jahangirpuri and has described the
looting of trucks on GT Karnal Road on the morning of 1.11.84.
In the afternoon, the attackers also started attacking the Sikh
drivers and he saw one of them being killed.
He saw another Sikh being taken to Lakhimpur and then killed.
He concealed himself in the house of a Muslim Jhuggiwala.
According to him, 3 Sikhs were killed in that section of ‘K’ Block
where he lived. 11.
SHRI GURBAX SINGH S/O SHRI NARENDER SINGH (2779): - He is a resident
of Jahangirpuri. He described
how he was beaten half dead and robbed.
When he regained consciousness, he found ¾ dead bodies lying about
him. 12.
SHRI DILDAR SINGHS/O SHRI UTTAM SINGH (2560): - He saw a large
mob of 3000/4000 people coming out of Jhelum Express which had stopped
near his house on GT Karnal Road.
The mob was stated to have been carrying iron rods, spears, kerosene
oil cans etc. This mob killed
the deponent’s brother and another person by burning them alive.
Their house was also completely burnt.
He was cross-examined at length in the Misra Commission. 13.
SHRI PIARA SINGH S/O SHRI SANT SINGH of ‘D’ BLOCK OF JAHANGIRPURI
(2805): - he has described how on the morning of 1st Nov, he was sitting
in his shop when he was advised by some people to close it and go home. Soon after, a huge mob came carrying iron rods, spears, kerosene
oilcans and white powder packets and started looting and burning.
His shop and house were burnt and looted.
In his cross-examination, he has stated that he gave a report to
the police on 10.11.84 after returning from relief camp but the police
did not accept the same. 14.
DR. R.P. SANSANWAL S/O SHRI SHIV NATH OF JAHANGIRPURI (2186): -
He has stated that the riots were not organized and were apparently a
reaction to some misguided Sikhs having distributed sweets etc. on the
murder of the Prime Minister. 15.
SMT. MANDODRI DEVI S/O LATE HARI SINGH (135): - She has described
that her husband was a Police Officer and a non-Sikh and saved a number
of people. However, in the
process of saving them, he himself got killed. AFFIDAVIT RECEIVED BY THIS COMMITTEE. 2.33
This Committee pertaining to this Police Station has received fifteen
affidavits. They indicate
total police apathy to the reports lodged by them.
They complain that no proper investigation was done in any case.
Most of them have given details of the losses caused to them during
the riots. A few have stated
that they were not in a position to repay the bank loans obtained by them.
These affidavits stress the usual complaints against most of the
Police Station that proper investigation of the cases was never done. SEQUENCE OF EVENTS 2.34.
There was no incident in this Police Station on 31.10.84 and the
trouble started only on the morning of 1.11.84.
The wireless log indicates flow of information to and from the
Control Room as well as the Police Posts regarding various incidents.
Trucks were being set on fire and looted on the G.T. Karnal Road
and outer Ring Road. In addition
to this, there were a number of incidents of arson at various places including
Jahangirpuri. Pitampura and
Shalimar Bagh. The incidents
had continued on 2nd November particularly in Jahangirpuri.
Some incidents had occurred even on the 3rd and 4th
November. This shows that
the situation continued to remain out of control even up to 4th
November. 2.35.
The most serious incidents are the killings in ‘J’ Block of Jahangirpuri
as narrated by quite a few persons in their affidavits and cross-examination
before the Misra Commission. Besides
these killings, the others are in respect of truck drivers who were coming
from Haryana and Punjab or had already reached and were in their trucks
when attacked. 2.36.
According to the report of the then SHO Shri Roop Chand, the total
number of deaths was only 19. According
to the initial figures of Delhi Administration, the total number of deaths
was 57. The Ahuja Committee
has mentioned 36 deaths. However,
it would appear that since this P.S. covers the new Subzi Mandi area where
a large number of trucks had come from outside and quite a few drivers
appear to have been killed and their vehicles burnt, the total number
of deaths should be on the higher side.
In any case, the total number of deaths in this Police Station
should be closer to the figures of 60. FIRs. 2.37.
As against the large number of incidents occurring in the jurisdiction
of this Police Station the FIRs registered are very few, on 1st, 2nd
and 3rd November. Only
1 FIR each day has been registered, namely FIR No. 910 on 1st November,
FIR No. 911 on 2nd November and FIR No. 916 on 3rd
November, 1984. 1.
FIR NO. 910- was registered at 5.50 PM on 1.11.84 on a report of
the SHO which lumps a large number of incidents at various places including
Pitampura, Shalimar Bagh and Jahangirpuri where a number of Gurudwaras
are also stated to have been burnt.
The FIR mentioned some deaths but did not specify the number.
In fact, the FIR covers the whole jurisdiction of the Police Station
including all the Police Posts, making both investigation and follow-up
well nigh impossible. 2.
FIR NO. 911- was registered on 2.11.84 at 11.45 AM on a written
respect of ASI Jai Bhagwan. The
FIR mentions 5 deaths in Jahangirpuri in ‘J’ Block and apparently corresponds
to the various affidavits received in the Misra Commission. 3.
FIR NO.916- was registered on 3.11.84 at 12.05 PM. On a report
of SI Rajinder Singh and pertains to Jahangirpuri.
The SHO was also stated to be present as the mob was trying to
burn the house in which some Sikhs were taking shelter.
The ACP, Kingsway Camp Shri Kashyap is also stated to have reached
the. The ACP is stated to
have fired with his service revolver and 30 persons were arrested on the
spot. A few were also injured.
Loss of life was apparently not allowed to take place. A
number of arrests have been shown in each of these cases but they do not
find mention in the statement prepared by the police. 2.38.
FIRs 912, 913, 914 and 915 are under section 188 IPC that is breach
of section 144 Cr. P.C. It
is clear that the police was trying to minimize the offences.
All of them were registered on 2.11.84. POLICE
STATION 2.39.
The police records also show that ten .303 rounds on 1.11.84, fifteen
.303 and 3 revolver rounds on 2.11.84 and twenty .303 rounds on 3.11.84
were fired. DISCUSSION 2.40.
While there are no allegations by name against any officer, the
situation in Jahangirpuri Colony in particular had been very bad. The affidavits/statements of Smt. Balwinder Kaur (2546), Smt.
Sarabjit Kaur (2631), Smt. M Kaur (141) and Shri Gurbax Singh (2779) describe
how the local toughs got into the houses of Sikhs and indulged in killings
of Sikhs and looting of their houses.
Every one apparently knew these persons and in case the police
had been active and had wanted to stop them, it could surely have done
so. There is also evidence
that one of the persons had rung up the police out-posted and a police
vehicle had also gone there but evidently no action was taken. 2.41.
In the affidavit of Shri Dildar Singh (2560) it has been stated
that a big mob had got down from the Jhelum Express, which had stopped
at a level crossing. This
would show that the rioters had been coming in large numbers from outside
in an organized manner. In
its written arguments before the Misra Commission, the Delhi Administration
has tried to create doubts about the voracity of this deponent by stating
that the deponent’s house was one kilometer away and as such he could
not have seen any one alighting at the railway crossing.
It is not clear as to how this distance has been arrived at by
the Delhi Administration because the deponent in his affidavit had mentioned
that his house was one furlong away from the railway crossing.
Similarly, in the arguments it has been stated that in the affidavit,
deponent had telephoned the police but in the cross-examination he denied
that and admitted that his brother had telephoned.
A perusal of the affidavit of this deponent would show that he
had not mentioned that he made the telephone call. It was only during
the cross-examination that he had stated about the telephone call having
been made by his brother. It
thus indicates that wrong and misleading facts have been projected in
the arguments of Delhi Administration before the Misra Commission.
There appears to be no contradiction in the affidavit of the deponent
and his deposition, and it can be relied upon. 2.42.
According to the records of the police, there has been no use of
teargas and lathi charge and the
preventive action had been taken only on 3rd November when only 5 persons were arrested. The only effective action, which appears to have been taken,
was the arrest of more than 30 persons as mentioned in FIR 916. 2.43.
The facts that the incidents of violence continued even up to 4th
November shows that no serious attempt was made at this Police Station
to effectively deal with the rioters.
In fact, effective action as mentioned in FIR No. 916 was also
taken because of the presence of the ACP but the SHO had not risen to
the occasion at all. RECOMMENDATIONS 2.44.
Disciplinary action for major penalty is recommended against Inspector
Roop Chand, SHO, and Adarsh Nagar for his failure to deal with the situation
and his inability to effectively use the force available with him.
He has deliberately tried to minimize the incidents and his action
in registration only one FIR No. 910 in respect of all the events of all
the Police Posts is a serious act of misconduct.
He also tried to conceal the gravity of the cases by mentioning
minor sections in the FIRs when the offences were of a grave nature as
in the FIRs 912-915. 2.45.
SI Jai Bhagwan, In charge PP Jahangirpuri, also needs to be dealt
with departmentally for his lack of supervision and not taking effective
action in controlling the killings in Jahangirpuri.
The main culprits were known and yet no effective action has been
taken against them, which give the impression that he was in sympathy
with the rioters. 2.46.
In contrast to these officers, we have the example of Hari Singh,
non-Sikh police officer, husband of Smt. Mandodari Devi (135), who even
when he was not on duty lost his life, trying to save people during the
riots. Both she and her brother-in-law
Ganga Prasad were also injured in the process as the crowd prevented them
from helping the injured Hari Singh. SHO:INSPECTORGURMAIL
SINGH/ INSPECTOR JAI BHAGWAN MALIK. ACP:SHRI
KEWAL SINGH/SHRI RAGHBIR SINGH MALIK. 2.47.
Police Station Subzi Mandi is located in the heart of Delhi and
covers some of the most congested areas.
During October/November, 1984, it had 3 Police Posts under it:
- 1.
PP Tis Hazari 2.
PP Andha Mughal 3.
PP Gulabi Bagh 2.48.
ACP Subzi Mandi Shri Kewal Singh and SHO of this PS Inspector Gurmail
Singh were changed in the night of 31st October/1st November
1984 under instructions of Addl. Commissioner of Police (Range) Shri H.C
Jatav. Whereas Shri Kewal
Singh, ACP, had, for all practical purposes, handed over charge on 31st
October night itself, the SHO Inspector Gurmail Singh formally handed
over charge at 6.00 AM on 1.11.84.
These two officers were apparently changed because they belonged
to the Sikh Community and were inclined to deal with the situation firmly. 2.49.
The reasons given for the transfer of Inspector Gurmail Singh by
the Delhi Administration in its arguments before Justice Misra Commission
are that he being a Sikh officer
was not in a position to face the furious mob when the riots were in full
swing. However, in their
arguments it has been further stated that on 31st October evening,
the SHO Subzi Mandi was moving Around and reaching all places of trouble
and the situation, though tense, was under control.
It has also been stated that the ACP and SHO, both Sikh officers,
were told by someone the some people were resenting their actions and
were planning to set fire to the building of the Police Station and they
should make efforts to save the same.
According to Delhi Administration arguments, the ACP and the SHO,
Subzi Mandi reached the Police Station, as they were not prepared to allow
any such eventuality to occur and made arrangements to protect the Police
Station and simultaneously informed the North District Control Room on
telephone. After
making arrangement s, the SHO is state d to have gone towards Clock Tower
and ACP towards Malka Ganj Chowk.
Shri Kewal Singh, ACP, and Inspector Gurmail Singh, SHO, were at
Shora Kothi at 8.32 PM where the situation was bad and ACP asked for clear
orders from his superiors to shoot-at-sight.
The message was passed from North District Control Room to DCP
(North) who asked ACP (HQ) and Addl. DCP (North) to reach there. 2.50.
From the above it is clear that the two officers were in
the process of taking strong action to check the riots.
Surprisingly, however, the Addl. Commissioner of Police, in his
statement before the Misra Commission recorded on 24.4.86 has stated that
these two officers were “guilty of abandoning their positions of duty
during the riots”. These
statement Delhi Administration arguments in the Misra Commission clearly
show that these two officers were actively involved in tackling the situation.
In fact, the message asking for orders regarding shoot-at-sight
was sent at 8.32 PM. At 9.22
PM the DCP (North) ordered that all messages meant for ACP Subzi Mandi
be passed on to ACP (HQ), which clearly shows that he had, for all practical
purposes, been relieved of the charge.
The only reason for their removal appears to be that they wanted
to use force to save the situation and the Addl. Commissioner of Police
was not inclined to let this happen.
In fact, this is the only Police Station in this District where
on 31st October, 1984 evening itself preventive action was
taken, as many as 90 persons were arrested, looted property worth 1 lakh
rupees recovered, and a criminal case also registered.
The orders of Addl. C.P. to change the SHO and the ACP were apparently
aimed at toning down the police action and not on the score of alleged
desertion by them. AFFIDAVITS
RECEIVED BY MISRA COMMISSION 2.51.
There are 18 affidavits pertaining to this Police Station received
in the Misra Commission and out of them, 3 deponents were examined.
Details of the important affidavits are as follows: - 1.
SHRI K.S. BAWA S/O LATE S.S. BAWA (173): -
The deponent is an old freedom fighter, a recipient of Tamra Patra,
and also a veteran Congressman.
He has narrated how some miscreants were indulging in looting Indira
Market in front of his house. The
deponent along with some people apprehended 5/6 persons along with looted
property and wanted to hand them over to the police.
However, just about that time, Shri H.C. Jatav, the then Addl.
C.P., came there and instead of acceding to the request of the local people
to provide some policemen to assist them in maintaining law and order,
he let off the criminals who had been apprehended.
He has narrated how on the morning of 1st November a crowd came
to attack his house but he along with his family members was saved by
neighbours. No help came
from the police when telephonic calls were made.
He had also mentioned that one of the Inspectors by the name of
Shri Lakhvinder Singh Brar working at P.S. Subzi Mandi could have been
given the responsibility of recovering the looted property and apprehending
the culprits. He had requested
the senior police officers accordingly.
Instead, this officer was transferred out.
In his cross-examination before the Commission, the deponent has
confirmed that the Addl. C.P. Shri Jatav had let off the arrested boys
and did not provide protection as requested. 2.
SARDAR JASBIR SINGH S/O SHRI ISHAR SINGH (174):-
According to the deponent, he himself belonged to a family of Congress(I)
supporters and was the nephew of Sardar Kartar Singh Bawa.
He has stated that on 31.10.1984 night at 10.30 PM, some miscreants
were trying to break open the locks of the main gate of his house.
On being advised by the neighbour, he went out of the back door
to the house of his uncle Shri Kartar Singh.
He has corroborated how some boys were apprehended around mid-night
for indulging in looting and Shri Jatav, Addl. C.P., without doing anything
to check the looting, let off the culprits and went away. 3.
SHRI NARINDER SINGH
BAWA S/O SHRI KARTAR SINGH BAWA (2289): - He has confirmed the statement
of his father and others regarding the presence of Shri Jatav in Subzi
Mandi in Indira Market area on 31st October night when some of the culprits
apprehended by the public were let off by him and no help given. He has stated how when in the relief camp at the Police Station
he had requested the Duty Officer to lodge separate FIRs for different
victims, nobody listened to him.
Only one acknowledgement copy of the properties destroyed was given
to the individuals, mentioning, that all the complaints formed part of
FIR 633/84. He has also narrated that many affected persons had told the
SHO and the ACP that their looted property was laying in the house of
the looters but they took no action to recover the same.
Whatever recovery was made is stated to have been due to the efforts
made by Shri Brar, Inspector of this Police Station.
Even in this recovery the goods were those, which had been thrown
by the looters on the road to avoid any police action.
Inspector Brar was subsequently transferred out of the Police Station
in spite of request of the public to allow him to effect more recoveries. 4.
SHRI ISHAR SINGH BAWA S/O SHRI SUNDER SINGH BAWA (175): - he is
the younger brother of Shri Kartar Singh (173) and was out of Delhi at
the time of actual riots. While
coming back to Delhi on 1st Nov., he was detained at Narela border by
the police because of the riots.
He reached Delhi on 7th November 1984 and found that all his household
goods had been looted and the same were lying in the Jhuggis where the
looters were waiting to dispose them off.
He approached the SHO Inspector Jai Bhagwan Malik as well as the
ACP Shri Raghbir Singh who kept on promising that the goods would be recovered
but took no action. Nothing
was recovered from the looters. 5.
SHRI PRITAM KAUR W/O LATER MANGAL SINGH (2752): - She has narrated how
on 1st November 1984 her husband and son were dragged out from the house
by a mob and burnt alive. According
to her, SHO Jai Bhagwan and ACP Raghbir Singh were present and instigating
the culprits. She claims
to have heard the police say: ‘Do not spare any one; do not leave any
evidence.’ She and the other
affected persons were lathi-charged at Police Station Subzi Mandi and
police headquarters.
Smt. Pritam Kaur was examined before the Misra Commission and she
stood the test of cross-examination.
The Delhi Administration in their written arguments had taken the
stand that Shri Raghbir Singh, ACP, and Shri Jai Bhagwan Malik, SHO; Subzi
Mandi had no occasion to beat the spot of the occurrence because they
had not assumed charge by that time.
This is totally wrong because according to their own statement
Shri Kewal Singh, ACP Subzi Mandi, was withdrawn from duty at 9.22 P.M.
on 31.10.84 and higher orders were given to the effect that all messages
meant for ACP Subzi Mandi be passed on to ACP (HQ), viz., Shri Raghbir
Singh. Similarly, Inspector
Gurmail Singh, SHO Subzi Mandi was transferred in the night of 31st
October 1984 – 1st November 1984 and in pursuance of these orders inspector
Gurmail Singh had handed over charge in the morning at 0600 hrs on 1.11.84.
On the other hand, the above-mentioned incident, according to FIR
No. 639/84, had occurred in the evening of1.11.84.
From this it is clear that Shri Raghbir Singh, ACP and Inspector
Jai Bhagwan Malik had assumed charge much before the said incident.
It is, therefore, clear that Delhi Administration had been blowing
hot and cold in the same breath and their arguments before the Misra Commission
in respect of these officers were not only incorrect but also misleading.
Subsequently, in April 1985, the police had also destroyed the
relief camp of Bajrang Singh in which she was residing.
She has also stated in her cross-examination about the relief camp
set up by Shri Bajrang Singh and describes how the police demolished it. 6.
SMT. BALWINDER KAUR W/O LAKHBIR SINGH (2754): 7.
SMT. BALWINDER KAUR W/O JAGJIT SINGH (2755): 8.
SMT. SWARANJIT KAUR W/O BALBIR SINGH (2638): 9.
SMT. INDERJIT KAUR W/O JASWANT SINGH (2753): 10. SMT. |