|
C
H A P T E R – 3 3.1.
The District comprises the whole of trans- Yamuna area of Delhi,
bordering Uttar Pradesh and inhabited by relatively poorer sections of
the society. During November
1984 riots it had only nine Police Stations and two more added since then
by re-organizing the existing ones.
This District had three Sub Divisions, each under the supervision
of an Assistant Commissioner of Police. Shri Sewa Dass, IPS., Deputy Commissioner
of Police was in overall charge of this District.
Three Sub Divisions were: - i) Gandhi Nagar:
(Police Stations: Gandhi Nagar, Shakarpur and Kalyanpuri). ii) Shahdara
: (Police Stations: Shahdara, Seelampur and Yamunapuri iii) Farash
Bazar : (Police Stations: Farash Bazar, Krishna Nagar and Seemapuri). 3.2.
It was one of the worst affected Districts accounting for almost
half the killings in Delhi. This
was surprising as the District is very close to the Police Headquarters
located just across the River and easily accessible. 3.3.
The overall picture, that emerges from the perusal of various
records shows that there was complete breakdown of law and order in this
District during the riots. There
are a number of allegations, not only against the subordinate police staff
but also against the senior Police functionaries of this District.
The police allowed the situation to go out of hand and of places,
actively connived with the miscreants enabling them to carry on their
activities with impunity. The
general plea, taken by the Police officers that they did not have adequate
force to deal with the rioters does not appear to be correct due to the
following reasons: (a)
The available force did not take effective action to check
the killings and looting. In
the Police firing etc. shown to have been done, no injury to anyone, has
been reported in police records; (b)
Nowhere the mob defied the police. Hence even small pickets could have been effective if they
meant business and had the necessary will to control the situation. 3.4.
Late Prime Minister was shot on 31st of October,
1984 morning. The main rioting
and killings started on the morning of 1st November 1984, but in East
District the incidents of violence had started on the evening of31st October
1984. (Affidavits of Mrs.
Ravinder Kaur, wife of Mr. Amrik Singh No. 2778).
Most of the killings had taken place on 1st and 2nd
November 1984 but continued thereafter.
The last major incident was on 5th November 1984 in
which a Constable has been named as a killer (FIR No. 609) dated the 5th
November 1984, Police station Shahdara.) 3.5
According to the figures supplied by the Delhi Police, only
105 people were killed in this District.
The actual figure was, however, much higher. The Relief Commissioner has given compensation to as many as
1,234 victims from this District.
The Citizens’ Justice Committee (before the Misra Commission) has
given the approximate number of deaths as 1,695.
it is difficult to come to an exact figure but it can be safely
stated that the deaths in this District were around 1,500 besides innumerable
cases of arson and looting. 3.6.
In spite of such massacre, the preventive action was almost
negligible. No preventive
arrests were made on 31st October, and 1st November 1984.
On 2nd November 1984 there were only four arrests in
Police Station Farsh Bazar. However, on 3rd November 1984, a number of preventive
arrests were made but only after hue and cry was made in the press any
by responsible citizens of the Country. 3.7.
Not only this, in the initial stages of the riots only Sikhs
(the victims) were arrested. This
continued till late in the evening of 2nd November 1984 when
Trilok puri carnage had surfaced. 3.8.
A summary of arrests made and force stated to have been used
by Delhi Police, as per their own records, is at Annexure ‘A’. 3.9.
The above facts give a clear indication of the attitude of
Police of this District towards the riots.
The affected people who needed protection were the ones persecuted
by the Police. Not only this,
the licensed weapons of the Sikhs were also systematically taken away,
thus enabling the mobs to kill the Sikhs without fear of any worthwhile
resistance. 3.10.
The removal of SHO Shahdara (a Sikh officer) and Inspector
Badan Singh) another Sikh officer) from Swaran Cinema, both of whom were
inclined to take effective action would have demoralized the police staff
of at least two police stations. 3.11.
The general attitude of the Police of this District can be
visualized from the following three illustrative affidavits: - (i)
SHRI ANUP SINGHS/O SHRI CHET SINGH, RESIDENT OF J-1, EAST VINOD
NAGAR, DELHI. AFFIDAVIT NO. 2809. He
describes the attitude of police who joined the crowd and were involved
in the attack. They incited
the mob by shouting “Kill Sardars, Loot and burn their houses, they are
traitors, they are snakes, they have killed our mother”.
They also refused to give protection on being requested by the
local people. (ii)
SHRI HARBANS SINGH S/O SHRI PREM SINGH, RESIDENT OF J-7, EAST
VINOD NAGAR, DELHI, AFFIDAVIT NO. 2815. He
describes how on his return from Kapurthala, Punjab, on the evening of
1st November, 1984, four armed Policemen standing near the Octroi Post
near Shakarpur refused to let him rest near them and told him to go in
the open fields nearby. Thereafter,
they informed the mob coming that way that a Sardar had gone into the
fields. He also describes
how he was attacked by this mob and brought back in the Octroi Post but
even then the Policemen gave no help.
Since he had only one arm, he was not killed by the mob and only
beaten and his hair was cut. He
also describes how he learnt about the killing of his son and how on the
3rd November 1984 police carried away a truckload of dead bodies.
He was cross-examined at
length before the Misra Commission and stood his ground. (iii)
SMT. NANKI DEVI, W/O SHRI JOGINDER SINGH, RESIDENT OF A-3/500,
NAND NAGRI DELHI. AFFIDAVIT NO. 2550. The
lady has described events on the morning of 1st November 1984 at a number
of places as she had gone to Shastri Nagar early in the morning for work
as usual. She had to pass
through quite a few Police Stations walking all the way back home on foot. About the police, she had stated that at Bhajanpura Petrol
Pump, 4-5 policemen along with the mob were beating up the drivers of
trucks and burning them. When
asked why they were doing this, they asked her to go away and mind her
business. She later describes
the killings of a number of people near her house in Nand Nagri in which
she also lost her husband. 3.12.
There was a deliberate attempt on the part of the police officers
to with hold the information about killings.
On 1st November, 1984 at 1600 hrs. Commissioner of Police had asked
for certain details regarding deaths, injuries and arson but the same
does not appear to have been communicated to him.
The Deputy Commissioner
of Police (East) on receipt of the Commissioner of Police’s message, had
asked the SHOs to give this
information to him but there is no record of his having passed it on to
his superiors. 3.13.
It reflects a rather sorry state of affairs that the Police Officers
have deliberately pleaded
ignorance till late in the evening of 2nd November, 1984 regarding
killings in Trilokpuri, Police Station Kalyan Puri where about 500 people
were killed, in spite of a clear message from Police Station Kalyanpuri
at 1510 hrs. on 1st November, 1984 to the Deputy Commissioner of Police
(East). Even an army officer
slitting as far away as Police Station Darya ganj could inform about me
as killings but not the Police staff itself. For instance, message from East Control Room reads as under:
- “
2nd November, 1984 – 1825 hours: Lt.Col. Informed office of Assistant
Commissioner of Police/Daryaganj that many women and children have come
to him weeping and all saying that people are indulging in killings in
Block No. 34, Trilok Puri which has been totally deserted”.
Lack of Knowledge of a large number of killings on the part of
Officers of this District is, therefore, not at all acceptable.
To give another example, in a report dated 11.2.1985, SHO Yamunapuri
mentions that on 2nd November 1984, 29 dead bodies were found
and sent for post mortem on that day.
There are many similar reports in the logs and FIRs in the Police
Stations including that of Police Station Kalyanpuri mentioned above. 3.14.
There is evidence to indicate that attempts were made to quietly
remove the dead bodies and dispose them of. A message from East District Control Room is quite revealing
in this context:
“ 2nd November, 1984 – 1754 hours: E.O1/55/06 – Deputy
Commissioner of Police/East be told to remove eight dead bodies lying
in Vinod Nagar. From G.2
through police Control Room.” 3.15.
The registration of cases was deliberately restricted to minimize
the extent of the incidents of violence.
In the first instance, the Deputy Commissioner of Police had ordered
for registration of cases locality wise only.
One of the Assistant Commissioners of Police has improved upon
this direction by specifying the exact number of cases to be registered
in his three Police Stations. 3.16.
The functioning
of the Police of this District can be judged from the fact that even after
the details of massacres in Trilokpuri had come to light on 2nd
November, 1984, afternoon, and heavy deployment of extra force stated
to have been made, the incidents of killings and burning of dead bodies
continued on the 3rd and at some places even up to 5lth November,
1984. 3.17.
The army moved into the East District on 2nd November,
1984 and camped at Shahdara,
Seelampur and Yamunapuri. Apparently,
even after the arrival of the army, the Civil Administration did not make
effective use of the army. Hence
violence continued. 3.18.
The evidence forthcoming indicates that the Police in the District
appeared to be under pressure and influence of local leaders and toughs
for reasons best known to them.
Subsequently, as late as 1987, quite a few cases have been registered
at various Police Stations naming these so-called leaders and local toughs
as accused. 3.19.
The manner, in which it was decided by the senior Police Officers
to deal with the looters of property, shows the pressure under which they
were working as a result of which all legal and moral niceties were thrown
to the winds. Nowhere does
the law stipulate that perpetrators of looting and robbing be asked to
return the property looted and robbed in return for which a general pardon
can be granted to them by the Police.
Yet this is exactly what had been done by Additional Commissioner
of Police Shri Jatav in the following collective message which is in the
nature of an order: -
“ 4th November, 1984 – 0737 hours: From E.G. – 3 – All
SHOs should announce in their respective areas that those having looted
property should deposit it at the Police Stations failing which legal
action will be taken on recovery.,”
This clearly shows the nexus between the criminals and the police.
That is why the Police Officers found it extremely inconvenient
and embarrassing to take any action against the culprits. 3.20.
The fact that the local Police and the so-called leaders were
working in collusion is corroborated by subsequent attempts made by various
police personnel to obtain affidavits before Justice Misra Commission
absolving both the police and local leaders of the various charges.
These affidavits have apparently been obtained through deceit and
coercion as would be clear from their subsequent statements before the
Commission. 3.21.
The events are also an extremely had reflection on the functioning
of the intelligence staff of the Delhi Police in the East District.
Their names are at Annexure ‘B’.
No worthwhile information was given by them to their senior officers.
It is all the more reprehensible that information regarding East
District reached Police Headquarters through Press Reporters and an army
officer sitting as far away as Police Station Daryaganj, but the intelligence
staff did absolutely nothing even though allegedly present in the field
in these very areas. Suitable
disciplinary action, therefore, needs to be taken against the Intelligence
Staff for their lapses. 3.22.
It is painful to note that despite killings, looting and arson
going on such a magnitude, there had not been single instance in which
the conduct of any individual police officer in this District can really
be appreciated. 3.23.
The responsibility for the situation going totally out of control,
lies, as much with the senior officers of the Delhi Police, particularly
the Additional Commissioner of Police Shri H., C. Jatav and Shri Sewa
Dass, Deputy Commissioner of Police as with the local SHOs/Assistant Commissioners
of Police. 3.24.
The events of each Police Station as well as the role of the
superior officers are now being discussed at some length: SHO:
Shri Daryao Singh ACP:
Shri B.S. Bhola 3.25.
Police Station Farsh Bazar is located in the east of the District
bordering Uttar Pradesh. ACP
Shri B.S. Bhola was on leave at that time.
In his place Shri Parshottam Dass, ACP) HQ was supervising the
Police Station. The office
of the Deputy Commissioner of Police is also located in the jurisdiction
of this Police Station. AFFIDAVITS BEFORE THIS COMMITTEE 3.26.
In response to the public notices issued by this Committee,
three affidavits have been received which mainly pertain to losses incurred
during the riots and non-registration of cases by the police. AFFIDAVITS BEFORE MISRA COMMISSION 3.27.
No affidavit was received in the Misra Commission pertaining
to this Police Station. EVENTS 3.28.
The incidents of violence started in the morning of 1st November
1984. Serious incidents were
setting Gurudwara Hargobind Place and Gurudwara Anand Vihar ablaze; and
attempt to burn Swaran Cinema.
Swaran Cinema is located very close to the District Police Headquarters.
Deputy Commissioner of Police sent the R.I. of the District, Inspector
Badan Singh, (a Sikh officer) to the spot.
Inspector Badan Singh fired twice in the air to scare away the
mob. The Deputy Commissioner
of police reached there and quickly realizing that R.I. was a Sikh officer,
sent him back. The R.I. had
apparently saved the building from being totally burnt as the records
show that this very C9inema was again set on fire by the mob on the morning
of 3rd November 1984.
Another serious incident occurred at about 1445 hours when a mob
surrounded the house of one Harbans Singh whose family members were entrapped
inside. Allegedly, SHO along with a posse of police force reached the
spot, opened fire in the air and rescued the family members.
The other events of this Police Station indicate that the police
rescued some people and effective action prevented further loss of life. DEATHS 3.29.The
numbers of deaths in this Police Station were around ten. DISCUSSION AND RECOMMENDATION
SHO:
SHRI M.S. SAPRA ACP:
SHRI D.D. SHARMA 3.31.
Shahdara Police Station area is thickly populated, across the
Yamuna, with a population of over two lakhs; the Sikh population would
be around three per cent. AFFIDAVITS RECEIVED BY THIS COMMITTEE 3.32.
In response to public notices issued by this Committee, only
three affidavits have been received.
The affidavits before the Committee are of general nature not of
much use for the work assigned to it. AFFIDAVITS BEFORE THE MISRA COMMISSION 3.33.
Out of the persons who had filed affidavits before the Misra
Commission, the following persons were called up for examination: -
SHRI DALIP SINGH (24743)- He gives an account of the mob attacking
his house at about 1100 hrs. On
1st of November 1984 and has also named fourteen persons who were part
of the mob, as they belonged to the neighbouring localities.
The mob burnt his factory, which was close to his house.
He had lodged a report with the Police on 6th of November
1984 but no action has been taken and, in fact, the police is prosecuting
him himself under section 304 IPC.
SMT. SURJIT KAUR (2704) - She had lost two members of her family. Her Husband, a private truck driver, was attacked on 31st
October 1984 itself, but escaped.
She had given a graphic description of the happenings on 1st November
1984 which shows that the mob was moving about in the area and a group
of six police-men standing nearby were not taking any action whatsoever.
On the basis of this affidavit after a long delay, a case has been
registered in February 1987 by the Delhi Police.
SHRI SARDOOL SINGH (2816) – He had lost seven members of his family
when his house was burnt on 2nd November 1984 morning. He was the lone survivor.
According to him, he went to lodge a report with Police Station
Shahdara on 12th November 1984, naming eleven people from among
the mob. Sub Inspector Tulsi
Das present at the Police Station, called some of these very persons to
the Police Station including the one who was armed.
The Sub Inspector is alleged to have forced the deponent to sign
on paper stating that he had nothing against those people.
SMT. SWARAN KAUR (2787 and 2466) – She lost her husband and two
other family members. She
has named certain persons, in her affidavit, who were leading the mob.
The attack on her house took place on the night of 2nd
November 1984. She has given
a graphic account of the way the mob was attacking and killing people.
According to her, everything was happening in front of the police
personnel who gave no help whatsoever.
SHRI NIHAL SINGH (2516)- He has given a detailed account of the
incidents on 1st November, 1984 morning and named eight persons of the
locality. According to him, a Police jeep was also standing near the
place where the arson and killings were taking place. He has given details of the Mahendra & Mahendra factory
being burnt and its Proprietor killed.
He has named the persons in the mob who were carrying guns and
revolvers. He was threatened
by the named persons against disclosing their names to the Commission. In his cross-examination, he has confirmed having seen the
police jeep.
SHRI SADHU SINGH (163) – He has stated how the residents of the
locality had taken possession of his property and even made a temple on
the same. The same was restored
to him later on after intervention by the army authorities, as he is an
ex-soldier. 3.34.
There are a few other affidavits of this Police Station, which
generally describe
the incidents. EVENTS 3.35.
Violent incidents in this Police Station area had started late
in the evening of 31st October 1984.
The main killings had, however, taken place on 1st and 2nd
November 1984. According
to the police records the main trouble started on 1st November, 1984 morning
at 10.10 hrs. On Chhajjupur Road near the Police Station.
Inspector M.S. Sapra, S.H.O. mobilized the available force and
moved out in the police vehicles as well as private auto rickshaws.
Shri Sewa Dass, Deputy Commissioner of Police and Shri D.D. Sharma,
Assistant Commissioner of Police also reached the place. 3.36.
The SHO (a Sikh Officer) wanted to deal with the situation effectively
but was prevented from doing
so by the Deputy Commissioner of Police, who sent him back to the
Police Station in his own car ostensibly to save him from the mob, which
was stated to be “menacingly
dangerous towards him”. Thereafter
Shri Sapra could not move out of the Police Station.
No one was posted as his replacement and as a result the Police
Station was for all practical purposes working without an SHO that naturally
led to the situation going out of control. DEATHS 3.37.
As per affidavits filed before Misra Commission, the number of
deaths is 586. The Relief
Commissioner’s figure indicates 258 deaths.
The number of deaths should be in the vicinity of 300, if not more.
In addition to this, there have been 147 incidents of arson and
36 incidents of looting as per Delhi Administration records.
The incidents which started on 31st October, 1984 evening
had continued right up to 5th November, 1984 when the last major incident occurred involving the deaths of two persons
(FIR No. 609 dated the 5th November, 1984). FIR' s 3.38.
Despite the fact
that so many incidents and killings had occurred, the number of FIRs registered
from 1st November 1984 to 5thNovember 1984is only four.
Out of these, one FIR No. 606 pertains to the killing of a non-Sikh.
Two cases have been registered on 1st November, 1984 (FIR No. 607)
and 2nd November, 1984 (FIR No. 608) on reports by the Sub
Inspector of the Police Station and pertain to a number of incidents at
different places and not to any specific instance.
In both the FIRs, there is mention of dead bodies.
The FIR No. 608 is of 2nd November 1984 registered at
11.30 hrs. it also mentions
that senior officers have been
informed. Of the incident.
The fourth FIR No. 609 was registered on 5th November
1984 in respect of the killings of two persons and in this, one Constable
is named. This would show
that no cases had been registered in respect of any of the incidents occurring
after 11.30 hrs. On 2nd November 1984 to 0830 hrs. Of 5th
November 1984. POLICE STATION 3.39.
According to police records, police did not make any preventive
arrests between 31st October 1984 – 3rd November
1984. They also did not resort
to lathi charge. Firing was
resorted to only on 2nd November 1984 after a lot of damage
had already taken place. Even
then, there is nothing to show that the firing etc. resorted to be effective
as there is no mention of any injuries to any of the rioters.
Besides, no arrests in any case were made up to 4th
November, 1984 and then only twenty-two preventive arrests made on 4th
November, 1984. DISCUSSION OF EVIDENCE 3.40.
Although there had been a large number of killings in the jurisdiction
of this Police Station, there are no specific allegations against any
individual police officer. There
are, however, allegations of police in action, which is confirmed by the
fact that no effective preventive action
was taken by way of any arrest of by way of use of force.
The general pattern of the police asking the Sikhs to go into their
houses and then disappearing from the scene leaving the Sikhs at the mercy
of the mobs has been followed in this Police Station. 3.41.
Besides the presence of subordinate police personnel at various
places of rioting and killings, the Assistant Commissioner of Police as
well as Deputy Commissioner of Police has been present at many places.
It is obvious that besides the subordinate staff, even the Deputy
Commissioner of Police was not only ineffective but also concealed the
facts of killings as is indicated from the affidavit No. 2737 of Shri
Sanjay Suri, a Press Reporter. The
reporter says that though dead bodies were lying around, the Deputy Commissioner
of Police was telling him that there had been no serious incidents in
Shahdara or elsewhere in the District. 3.42.
The general defense for inaction is non-availability
of force. But records
show that extra police force had been made available on 1st, 2nd
and 3rd November 1984, to this Police Station.
Besides this, a tear gas squad was also sent on 1st November 1984. 3.43.
Apparently, no effective use of the available force was made,
the plea of inadequacy of force is, therefore, not at all tenable. RECOMMENDATION 3.44.
The lapses of the police personnel of this Police Station are:
- i)
Total break-down of the law and order machinery mainly due
to the immobilization of the SHO and no alternative arrangements; ii)
No preventive or positive action to check riots and deal with
the rioters; iii)
Non-registration of FIRs and harassment of the victims. 3.45.
Disciplinary action is called for against Sub Inspector Surendra
Dev and Sub Inspector Tulsi Dass on whose reports FIR No. 607 on 1st November
1984 and FIR No. 608 on 2nd November 1984 had been registered.
They have mentioned a large number of incidents of burning and
killings. Yet, with the force
available with them, no preventive or effective action was taken.
There is no mention of any lathi charge, tear-gas or firing having
been resorted to in spite of such a large number of killings. 3.46.
Disciplinary action against Sub Inspector Tulsi Dass is also
recommended for calling to the Police Station those very people, carrying
weapons, against whom a complaint was being lodged by Shri Sardool Singh
(Affidavit No. 2816) and thus trying to silence him. SHO:
Shri Bhim Singh ACP:
Shri D.D. Sharma 3.47.
Police Station Seelampur is along the bank of river Yamuna. AFFIDAVITS BEFORE THE COMMITTEE 3.48.
No affidavit has been received by this Committee in response
to public notices. AFFIDAVITS RECEIVED IN MISRA COMMISSION 3.49.
In the Misra Commission, three affidavits were filed.
Two of the deponents, Shri Sujan Singh and Smt. Rawail Kaur, had
been examined. SHRI
RAM SINGH (2573) He
describes how his house and shop were attacked on 1st November 1984 at
about 1030 hrs. SHO Bhim
Singh and Deputy Commissioner of Police (East) mentioned as S.P. Sahib
had come along. They mentioned
that they had come to rescue him and asked him to bring his licensed gun.
He was taken to the Police Station and on the next day sent to
jail. Details about this
case are being given subsequently. SHRI
SUJAN SINGH (2821) He
describes how he, being a Congress worker himself, was informed by another
co-worker that his party men had decided to take revenge for the death
of their Prime Minister and advised him to run away.
Soon after the mob attacked him but he was saved by Sub Inspector
Gian Chand who happened to be a close friend of him. For a few days, he stayed with his neighbour who had originally
warned him to escape. SMT.
RAWAIL KAUR (2678) She
has given an account of the killings of her husband and other family members
in front of her eyes. The
dead bodies were burnt. The
culprits continued to terrorize her as they were released shortly after
they were arrested. EVENTS 3.50.
Trouble in this Police Station had started in the morning of
1st November 1984. The first
serious incident was burning of Maujpur Gurudwara where the SHO and ACP,
had reached. The SHO had
stayed in that area from 0930 hrs. To 1145 hrs.
Some shops were burnt in that area.
Subsequently, there was trouble in Gamri Colony and the SHO remained
there from 12.00 hrs. To about 1315 hrs. In the afternoon, there was trouble
in Seelampur and Gamri Extension.
Deputy Commissioner of Police (East) as well as Assistant Commissioner
of Police, Shahdara were also there.
This is confirmed from Shri Ram Singh’s version, though there is
a difference in the time in the two versions. 3.51.
An extract from the SHO’s report dated the 30th
November, 1984, indicates as under: - “
At 1315 hrs. a huge excited crowd had collected around the house of Shri
Ram Singh, resident of G-107, New Seelampuri and wanted to set it on fire.
Ram Singh of Seelampur opened fire with his licensed 12-bore gun
injuring ten persons. This
infuriated the mob, which swelled to 3000-4000 around Ram Singh’s house.
SHO, Seelampur along with ACP/Shri D.D. Sharma and DCP/East used
ten tear-gas shells and opened fire and rescued Ram Singh and his family
members in truck No. UST-6375 under heavy showers of brick-bats from the
mob”. SHO
alleges that he was hurt due to the brick batting. However, no one seems to have been arrested by the police during
this incident. 3.52.
Subsequently, at around 1430 hrs. The mob also gheraoed Police
Station, Seelampur under the impression that Shri Ram Singh and his family
members had been kept there. The
crowd was dispersed. No one
seems to have been arrested even then and no case registered against the
rioters. 3.53.
It had not been mentione4d that Ram Singh had committed any
offence. However, at 1625
hrs. a case was registered by the SHO on a report taken from a private
person against Shri Ram Singh and as indicated in his affidavit he was
arrested and sent to jail next day.
This action of the police does not seem to be justified. 3.54.
There are no serious incidents mentioned in the Police records
nor is there any reference to any killings within the Police Station.
The SHO is stated to have fired from his service revolver twice,
two rounds each in the morning of the 1st November 1984.
Use of tear gas and cane charging
were also stated to have been done by him. DEATHS 3.55.
The Delhi Administration figure shows fifty-one deaths.
The Relief Commissioner’s records indicate forty persons killed.
It would be safe to presume that the total deaths would be around
fifty in this Police Station. FIR' s 3.56.
Two criminal cases were registered on the 1st November 1984.
One of these is FIR No. 40 registered at 1545 hrs. Mentioning various
incidents in general. 3.57.
The second FIR No. 341 was registered against Shri Ram Singh
at 1645 hrs. Under Section
307 IPC reference to which has already been made earlier. Shri Ram Singh is reported to have fired four rounds with his
licensed gun injuring many people.
The FIR states that Shri Ram Singh had run away from the scene,
which is contrary to the facts stated earlier by SHO.
The names of persons injured have not been mentioned even though
it is stated that they are being treated in the hospital. 3.58.
The third FIR is on 3rd November 1984 (No. 342), which pertains
to arrest of some persons for breach of section 144.
No other case has been registered at the Police Station during
the period of the riots. 3.59.
In his report prepared in reply to W/T Message No. 119 dated
the 16th February, 1985 from Deputy Commissioner of Police, Special Branch,
Shri Bhim Singh has defended his action in not registering FIRs by stating
as follows: “
On the 1st November, 1984 evening, all the three SHOs of Shahdara Sub
Division were summoned by ACP/Shahdara through wireless and were directed
to register one case about the
days disturbances.” DISCUSSION OF EVIDENCE 3.60.
The main incident on which specific action should be taken
not only against the Police Station staff but also against the senior
officers is for registration of a case and subsequent arrest of Shri Ram
Singh. The mob had attacked
his house and he was well within his rights to fire with his licensed
gun in self-defense especially as the police was unable to provide protection
to him against the rioters. The
action of arresting him and sending him to jail after registering a case
appears to be mala fide and not justified. RECOMMENDATIONS 3.61. The senior police officers including the SHO have been totally negligent. The role of supervisory officers will be discussed separately. In regard to the SHO, it is recommended that regular departmental proceedings should be initiated against him. Shri Bhim Singh, SHO was (i) ineffective and failed to control the law and order situation within his jurisdiction; (ii) took no preventive action; (iii) wrongfully arrested Shri Ram Singh who was exercising his right of self-defense; (iv) registered only one Fir against the rioters during the entire period of riots.
SHO:
SHRI R.P. SINGH ACP:
SHRI D.D. SHARMA 3.62.
Police Station Yamunapuri covers the northern portion of East
District and its main localities are Bhajanpura, Yamuna Vihar Colony,
maujpur, Jyoti Nagar and Khajuri Khas.
The Police Station also had an outpost/ Police Post Khajuri Khas
under it. AFFIDAVITS BEFORE THE COMMITTEE 3.63.
In response to public notices issued by this Committee, only two
affidavits have been received. One of them, from Shri Surender Singh is to the effect that
police made to effort to save his property and took no action when the
matter was reported. His
complaint was linked with the general FIRs, which had already been registered
with the police. The second
affidavit is of Shri Sewa Singh and
thirteen others stating that the SHO Yamunapuri, had been approached
on 1st November, 1984 for police protection and arrangements in connection
with Guru Nanak Ji’s birth celebrations being held those days, which included
Prabhat Pheris being taken out in the morning.
Along with the affidavits, a copy of the application, duly received
at the Police Station, has been enclosed.
No action was taken by the Police leading to the death of eighteen
persons besides loss of property.
(Affidavits of Shri Surender Singh 81/87 and Shri Sewa Singh 307/87). AFFIDAVITS BEFORE JUSTICE MISRAL
COMMISSION 3.64.
A number of affidavits were received by Justice Misra Commission
pertaining to this Police Station, including a few which were favourable
to the police. Two of these
namely, Basant Singh (1060) and Shri Sher Singh Rawat (1293) were examined
by the Commission. The examination
in the Commission indicates that the affidavits were furnished at the
instance of the police in order to give a good impression about their
work. The cross-examination
has, however, clearly indicated that the affidavits were not voluntary. 3.65.
The other affidavits mainly narrate the facts about looting
and arson from 1st to 5th November 1984 and the absence of
any police action. A joint
affidavit has also been given by three persons S/Shri Beant Singh, Swaran
Singh and Yashpal Singh, Affidavit Nos. 2720, 2721 and 2722, which is
similar to the one received by this Committee from fourteen persons, Shri
Sewa Singh and others. 3.66.
SMT. NANKI DEVI (2550) is resident of A-3/5--, Nand Nagri.
She has given a detailed account of incidents at many places including
an incident at Bhajanpura petrol pump, Yamunapuri.
According to her, policemen along with mob were indulging in violence
including killings and she identified one policeman wearing the nameplate
of Manjeet Sharma along with others indulging in killing.
When she questioned him as to why they were doing that, he told
her to mind her own business and go away. FIR' s 3.67.
During the riots, only three cases were registered at this
Police Station, all on 1st November 1984.
The first case FIR No. 275 registered at 1810 hrs. is a written
report ASI Chander Pal who
was on patrol duty in his beat.
The FIR only mentions that huge crowds were moving about and burnt
Gurudwara as well as Takshila Guru Harkrishan School.
The second case FIR No. 276 at 1835 hrs. is a written report of
S.I. Mani Ram and mentions looting and arson in Blocks ‘B’ and ‘C’ of
Yamuna Vihar Colony, Rajpur and Wazirabad Road.
It also mentions that the police were trying to control the mob
running along with them all the time.
The third case FIR No. 277 at 1900 hrs. is a report of S.I. Hem
Chand of the Police Station who was on duty around wazirabad Road, Bhajanpura
Bus stand and Petrol Pump and mentions that the mob burnt vehicles,
breaking up into several groups to burn and loot.
However, these FIRs hardly mention any effective action by the
police on duty.
No other cases were registered with the Police Station at all even
though the killings and arson had continued all through. DEATHS 3.68.
The number of people killed in this Police Station during the
riots was around 150. Besides
killings, there were 104 incidents of looting and arson, as per records
of Delhi Administration. DISCUSSION 3.69.
The records of the police Station do not reveal the actual state
of affairs and no killings have been shown.
However, the copies of statements recorded during investigation
under FIR No. 276 are available. Practically all the statements are of residents of
‘B’ and ‘C’ Blocks, Yamuna Vihar Colony and in almost each case
the killings are stated to be on 1st November 1984 in their colonies.
A number of statements of witnesses to the inquest and identification
of dead bodies, available also show that a large number of persons were
killed on 1st November 1984. Similarly,
the statements of persons recorded in connection with investigation of
FIR No. 277 pertaining to Bhajanpura, Khajuri Khas and Gondha would indicate
that a large number of persons had been killed on 1st November, 1984.
The police parties were headed by Sub Inspectors available
in these areas and there is also evidence of SHO, ACP and DCP being
at some of these places in the forenoon on 1st November 1984.
However, there is no evidence of any effective action on the part
of the police. 3.70.
According to the report of Deputy Commissioner of Police (East)
contained in letter No. 7667/X (East) dated the 20th November,
1984 he was present at village Maujpur in the morning of 1st November,
1984 when the Gurudwara was burnt. SHOs, Seelampur, Yamuna Vihar Colony with staff and ACP Shahdara
had also reached. At 1021
hrs, the DCP is stated to be present along with ACP and SHO at Texila
School which had been set on fire.
At 1030 hrs. The Deputy Commissioner of Police reached Maujpur
along with SHO when according lo him there was
police firing. Between
1120 hrs. And 1130 hrs, there were three incidents in Yamunapuri which
were attended to by Deputy Commissioner of Police along with ACP and SHO.
The Deputy Commissioner of Police along with ACP reached Khajuri
Khas village and then went away to Bhajanpura from there.
He is stated to have saved a shop from being looted and also a
truck carrying tyres being looted by the mob.
According to the Deputy Commissioner of Police, the Assistant Commissioner
of Police had extinguished the fire in Khajuri Khas Gurudwara and Petrol
Pump. However, there is no
record of police firing at Maujpur or in any statement prepared by Delhi
Police. The action taken
by the police, therefore, seems to be imaginary.
3.71.
At 0645 hrs. on 2nd November 1984 a call
was received from the Police Control Room that dead bodies were
lying in Blocks ‘B’ and ‘C’, Yamuna Vihar Colony.
Instead of proceeding to the place of occurrence, SHO deputed S.I.
Mani Ram, but there is no record of what this S.I. did or did not do in
the general diary. Silence seems to be the best way to cover up inaction. 3.72.
A mention in the report of the SHO dated the 11th
February 1985 indicates that on 2nd November 1984, twenty-nine
dead bodies were found and sent for post mortem on that day.
This could be pertaining to the killings in Blocks ‘B’ and ‘C’
of Yamuna Vihar Colony. However,
no cases have been registered in respect of these deaths.
This needs some explanation as it amounts to playing down the offences
committed and permit the culprits to go soot free.
3.73.
The only mention of death of a specific person by the SHO is
in his report dated the 1st December, 1984 about one Himmat Singh who
had been injured on 3rd November, 1984 and admitted to the
hospital, is stated to have expired on 5th November, 1984 and
the only case registered after 1st November, 1984 is also on 5th
November, 1984 pertaining to this death. 3.74.
The main plea taken by the police is inadequacy of force.
This is not acceptable because the records show that the existing
police did not resort to lathi charge or teargas.
They did not arrest any one up to 3rd November 1984.
No firing was resorted to up to the 2nd of November
1984, in spite of all that was happening in front of them, which would
imply that the police had no will to control the situation. 3.75.
In spite of such a large number of incidents, including deaths,
having taken place and also some extra force being available on 2nd
and 3rd November, 1984, at the Police Station there have been
no arrests under any substantive offences in the cases registered on 1st
till 4th of November, 1984. Fourteen
persons had been arrested under preventive sections only on 3rd
November 1984. The records
also show that fifty-one rounds were fired, twenty-two on 2nd
November 1984 and twenty-nine on 3rd November 1984 but no other
effective action was taken earlier.
Even in the firing resorted to; no one indulging in violence was
injured or died. This would
show that whatever action was taken was perhaps only on paper and no attempt
at any stage and at any level was made to effectively deal with the situation. RECOMMENDATIONS 3.76.
On the basis of the facts revealed and the records
available , disciplinary action for gross dereliction of duty is
recommended against Shri R.P. Singh, SHO and S.I.
Mani Ram on the following grounds (A) SHRI R.P. SINGH, SHO (i)
Large number of killings had taken place at various places
within the jurisdiction of Police Station Yamuna Puri and at a number
of these places he himself was present.
He failed to take effective action.
He failed to records these deaths in any police records or in the
FIRs. Law and order in his
jurisdiction had broken down completely and he failed to rise to the occasion. (ii)
He was present at the Police Station on the morning of 2nd
November 1984 when a message was received from Police Control Room regarding
dead bodies lying in Blocks ‘B’ and ‘C’, Yamunapuri. He had gone out patrolling within half an hour of this message
but did not care to find out about the dead bodies. The police records do not have any mention of the same except
the message received from the Police Control Room.
Even S.I. Mani Ram who was directed to go to the scene did not
give any report regarding these killings.
This is a very specific and serious act of misconduct and gross
dereliction of duty on the part of the SHO. (iii)
Shri R.P. Singh, SHO, is apparently not only unfit to hold
charge of a Police Station but also not fit for being retained in the
police force. Suitable disciplinary
action should be accordingly initiated against him for major penalty. (B)
SHRI MANI RAM, SUB INSPECTOR (i)
On the morning of 2nd November 1984 when a message
was received regarding dead bodies lying in Blocks ‘B’ and ‘C’, Yamunapuri,
he was deputed to carry out investigation in this regard.
There is nothing to indicate as to what he did and whether he proceeded
to that place at all. No entries in police records are there to confirm as to what
had been done by him in this regard.
The fact that a large number of persons were killed in that area
is confirmed by the receipt of message, subsequent investigations and
affidavits received in the Justice misra Commission. (ii)
For his acts of negligence and dereliction of duty, disciplinary
action against S.I. Mani Ram is recommended. (C) SHRI MANJEET SHARMA, POLICEMAN He
has been specifically mentioned in the affidavit of Nanki Devi (2550).
His involvement in the killings near Bhajanpura Petrol Pump needs
to be investigated and suitable action taken against him. SHO: Shri Jai Singh ACP:
Shri R.D. Malhotra 3.77.
Police Station Shakarpur is located along the bank of river Yamuna
and covers the main road going from Delhi to Ghaziabad. AFFIDAVITS BEFORE THE COMMITTEE 3.78.
In response to the public notices issued by this Committee,
eight affidavits have been received. AFFIDAVITS BEFORE JUSTICE MISRA COMMISSION 3.79.
A number of affidavits were received by Justice Misra Commission.
Out of these, four persons were examined.
Three of them have given affidavits in favour of certain political
leaders. They also mention
that the trouble was a reaction to the celebrations by certain sections
of the Sikh Community. One
of them Shri Bhoop Singh (2925), according to his own admission made during
the course of examination, was a person of doubtful character as 6-7 criminal
cases were pending against him.
The other two Shri Mithan Lal (2929) and Shri Shyam Lal (2938)
are real brothers. All the three affidavits have been sworn on the same day i.e.
10th September 1985.
In these affidavits the columns
regarding identity of the deponents are blank and these affidavits appear
to be motivated and lot quite reliable. 3.80
The other affidavits before Justice Misra Commission describe
the incidents of killing and looting.
A gist of the same is given below: (i)
SHRI SANT SINGH (2395) He
is a retired policeman presently carrying on transport business.
In his affidavit he has named a number of persons who were carrying
Congress (I0 flags and shouting slogans – Khoon Ka Badla Khoon Se Lenge
(Blood for Blood). He has
narrated the activities of
mob violence in Shakarpur. His
house was attacked. The deponent
has further stated that during all these occurrences, one policeman Shri
Giriraj Constable, who had a Government rifle with him, accompanied his
brother Shri Shyam Singh
Tyagi who was leading the mobs.
He did not take any step to stop the mob but instead was siding
with the culprits. (ii)
SHRI HARBAJAN SINGH (2341) He
has stated in his affidavit that on 1st November 1984, at about 0910 hrs
killing of Sikhs, looting and burning of property started within his view.
He has named certain persons of the locality as part of the mob,
and that the Police remaining a silent spectator.
(iii)
SMT. GURMEET KAUR (2339) The
husband of the deponent and her son were dragged out and killed with iron
rods and burnt alive. Her
house was looted. Police
was present among the mob. They
did not --------- but rather instigate the mob to commit murder looting
and burning of property. She
had informed the police about the names of the murderers but the police
refused to record her report saying that such things had happened to very
Sikh. (iv)
SMT. PREM KAUR (178) She
has stated that on 31st October 1984, at about 2100 hrs. She
had seen a mob attacking and pelting stones the residence of her neighbour
Avtar Singh Bhatia. On 1st
November 1984, at about 0900 hrs. She saw Avtar Singh being chased by
the mob, caught, beaten up and killed.
Her husband and son were killed.
Their dead bodies were recovered by the police and never given
to her for cremation. She
had requested on Avinash of the Police Post, who had come with a few men
for help, but they did nothing and, in fact, her husband was pulled away
and killed right in front of her. (v) SMT. KUSUM
LATA JAIN (164) She
is a resident of School Block, Shakarpur, she had stated that on 1st November,
1984she heard noises and came out.
She found that a mob of 200-300 people were following two Sikhs
and shouting slogans like “kill the Sikhs”.
She has at a loss to understand what was happening.
At that time a Police Van came.
Shri R.D. Malhotra, S.P. and Mool Chand were in the Van.
They told the gang to continue with their work.
(By S.P. she perhaps means DCP). (vi)
SHRI JAGJIT SINGH (2314) An
old Congress Worker, has stated that on 9th November, 1984
when he returned home he was told by Kuldip Singh that ACP Shri R.D. Malhotra
and SHO Choudhary Jai Singh had said in front of his house on 2nd
November, 1984 that “IF JAGJIT SINGH IS ALIVE, HE BE KILLED. IF HE ESCAPES THEN IN FUTURE HE WILLS TROUBLE US”.
He had reasons to believe this, as he knew much. (vii)
SHRI SUKHAN SINGH SAINI (2460) The
deponent has filed two affidavits bearing the same number before the Justice
Misra Commission, in the first Affidavit filed on 30th August,
1985 he describes how he joined the crowd in front of the house of Sham
Singh Tyagi, saw and heard the local M.P. giving instructions to Shri
Tyagi and number of others whom the deponent has named.
He also saw the M.P. giving bundles of notes to Bhoop Singh Tyagi
for buying liquor and assured him that he will look after everything.
The deponent says that nobody was suspicious about him because
he was a Hindu. Later he
told Sardar Sant Singh to be vigilant because of what he had heard.
In December, 1985 Shri Saini
has filed another
affidavit and changed his stance for reasons best known to him and
stated that he and some Sikhs were misled by propaganda and that
the local M.P. did not have a hand in the riots. (viii)
SMT. SURINDER KAUR (2594); and (ix)
SMT. GURNAM KAUR (2603) Both
these ladies have described in detail instances of riot, arson and killing
and there seem to be no reason to disbelieve their version of what actually
happened in this area. (x)
SMT. PARAMJIT KAUR (2812) She
has stated that on 1st November 1984, at about 1200 hrs. a mob of 200-300
persons carrying iron rods, kerosene oil, white powder came and despite
her pleadings, dragged out
her son, threw him into a burning truck and also set her house on fire. (xi)
SHRI HARBANS SINGH (2815) Referred
to on page 85 also, has described how he was attacked at the Octrol Post
near the ITO Bridge with the connivance of the armed police manning the
Octroi Post. He was cross-examined at length and stood the test of examination.
On further enquiry, it is revealed that the police party was led
by Har Gopal, Head Constable No. 117/E in the Delhi Armed Police.
He obviously did not behave as a member of a disciplined force. 3.81.
In the above affidavits, Constable Giriraj, S.I. Mool Chand,
SHO Jai Singh and Assistant Commissioner of Police R.D. Malhotra have
been mentioned by name by the deponents. EVENTS 3.82.
The main road, namely Vikas Marg goes through this Police Station.
Trouble had started here in the evening of 31st October
1984. The buses were being
stopped and Sikhs forced to get down and beaten up.
However, the main trouble started on the morning of 1st November
1984 with the burning of the Gurudwara in Preet Vihar and serious incidents
continued up to 3rd November 1984. DEATHS 3.83.
The total number of persons killed in this Police Station,
as per Police Station records, is only twenty-seven. The Citizens’ Justice Committee has mentioned eighty-seven
deaths whereas the records of the Relief Commissioner of Delhi show the
deaths to be of the order of one hundred and two.
From the about figures it can be inferred that the deaths would
be well over one hundred.
FIR' s 3.84. Despite the fact that so many killings had taken place and serious incidents had gone on up to 3rd November, 1984, this |