C
H A P T E R - 7
S O U T H D I S T R I C T
Sri
Chander Prakash, Deputy Commissioner of Police
Shri Ajay Chadha, Additional Deputy Commissioner of Police
7.1.
South District consists mainly
of posh and affluent colonies although there are few resettlement colonies
in Delhi Cantt., Srinivaspuri, Mehraulli and Naraina located on the periphery
of the border with Haryana.
7.2.
Shri Chander Prakash
was the Deputy Commissioner of Police of South District during the riots.
He was assisted by Shri Ajay Chadha, Addl. Deputy Commissioner
of Police and 4 Assistant Commissioners of Police each in charge of one
Sub Division as follows:-
(I)
SUB DIVISION DELHI CANTT.( Shri D.P. Verma, ACP)
PS
Delhi Cantt. :SHO Rohtas Singh: 8.3.1983 To 7.11.1984
PS Naraina : SHO Vijay Sachdeva : 14.6.83 To 27.10.85
PS
R.K.Puram : SHO Ramphal Singh : 8.10.83
To 6.11.84
PS
Vasant Vihar : SHO Daryao Singh : 8.10.83
To 6.11.84
(ii)
SUB DIVISION HAUZ KHAS – ( Shri Krishan Gopal, ACP)
PS
Hauz Khas : SHO Shiv Dutt Sharma
: 28.5.84 to 23.2.87
PS
Mehraulli : SHO Jaipal Singh : 9.2.84
to 27.10.85
PS
Vinay Nagar :SHO Harmeet Singh : 15.9.83 to 4.6.85
(iii)
SUB DIVISION LAJPAT NAGAR – (‘Shri Avinash Chandra, ACP)
PS
Lajpat Nagar: SHO Ombeer Singh: 29.10.82 to 27.10.85
PS
Kalka Ji : SHO Bhupinder Kumar :
7.10.83 to 5.6.85
PS
Badarpur : SHO Sukhbir Singh : 20.3.84
to 26.10.85
(IV)
SUB DIVISION DEFENCE COLONY – ( Shri K.B. Kumar, ACP)
PS
Defence Colony : SHO Ram
Chander : 20.3.84 to 3.12.85
PS
Lodhi Colony : SHO Sita Ram :
16.4.82 to 6.11.84
PS
Hazrat Nizamuddin : SHO Ramphal
: 13.4.83 to 9.1.86
7.3. During the November, 1984 ,riots there was wide-spread violence in South District right from
the afternoon of 31st October, 1984 and practically all the
Police Stations were
seriously affected.
Trouble continued up tothe4th of November, 1984 even though this
was the first District to
get outside force as well as contingents of the Army as soon as army was
called in one the 1st of November, 1984.
Unfortunately, the records
reveal that there was a total break-down of law and order in this District
which is one of the largest Districts in Delhi having 14 Police Stations.
7.4. It is a sad commentary on the functioning
of the Police in this District that although trouble had started in the
afternoon of 31st October,
1984 in and around the All
India Medical Institute, a graphic description of which has been
given by Shri Jagjit Singh (2314), a labour leader , belong to the Congress
(I) and Shri Kuldip Singh (2312), precautionary measures do not seem to
have been taken by the police. One
would normally have expected that when incidents of violence had started
in this District, the police
in all the Police Stations would have been alerted and necessary precautionary measures initiated. Instead of this,
we find total passivity on the part of the police.
This is clear from the large number of affidavits filed in the
Misra Commission by responsible persons, social reformers and public-spirited
people who were not directly affected
by the riots. While some of these independent witnesses were residents of South
Delhi, others came from other parts of the city and have given their independent
opinion. It would be worthwhile
mentioning some
of these to show the general attitude of the police.
7.5.
Dr. Sushila Nayar, a former Union Health Minister, sent a letter
dated 6.11.84 to Shri P.V. Narasimha Rao, the then Union Home Minister,
regarding the police inaction and the general unhelpful attitude of the
Police. An extract from her
letter is quoted below :-
“
I write this to you with a heavy heart.
My cousin brother Shri D.P. Nayyar, , who
retired as Education Adviser in the Planning Commission some time
ago lives in Sarvodaya Enclave, C-145.
He has a Sikh neighbour.
A mob came to set fire to the Sardar’s house on November 1, Shri
Dev Prakash’s son telephoned to the police.
The police asked ’whose house
is burning ? Is it Sikh’s
or Hindu’s? He replied ‘It is a Sikh’s house’ ‘let is burn’. Was the reply.
This poison in the police is dangerous for our Country.”
Dr.
Nayar goes on to describe some more incidents at NOIDA in her letter.
This letter was passed on by the Home Ministry vide d.o. letter
no. 14036/219/84-UT(P) dated 20.11.87, from Director (Delhi), Ministry
of Home Affairs to Shri S.S.Jog
, the then Commissioner of
Police, Delhi.
7.6.
Some other independent deponents also described the attitude of
the police who asked them why they were worried and ‘were they not Hindus?
Prominent among these were : Shri Ashok Jaitly (2512) a Senior IAS Officer
and Smt. Jaya Jaitly (2702), Miss Poonam Mutteraja(2510), Shri Dinesh
Mohan (2712), Shri Ravi Chopra (2771), Shri Smitu Kothari (2268), Shri
V.Khosla (2589), and Shri Amit Bararia (2738). Many of the deponents stated
that the mobs who were indulging in looting and arson were ‘happy’ , in
a’ festive mood’ and ‘jubilant’.
Smt. Jaya Srivastava (2705), Mr. George Mathews(2642); Shri Smitu
Kothari(2268); Shri Asim Srivastava (2676) to name a few. Many deponents
also indicated complete indifference and passivity on the part of the
police, viz., Shri Madhu Dandavate (2641), Shri Rajiv Lochan (2775), Smt.
Lalita Ramdas (2693 & 2647), Shri Joseph maliakan (2699), Mrs. Gouri
Choudhary (2511) etc. Sri Amit Bararia (2738)
actually saw the police shooting into the Sikh house.
It is a pity that the police force which should be completely impartial
and non-communal should have behaved in such a partisan manner and as
Dr. Sushila Nayar has rightly stated, this poison in the police is dangerous
for our country.”
7.7.
The main responsibility for what happened in the South District
falls on DCP (South). We
find that his actions were not such as would inspire confidence or such as one would expect from an officer of his
seniority and status. As
a matter of fact, he went to the extent of ignoring his own superiors,
even let off culprits who had been arrested by Additional C.P. Shri kaul
as would be clear from the following:-
7.8.
Shri Gautam Kaul, Additional Commissioner of Police, had stated
that on 1st November, 1984 he received a message in the evening that villagers
had organized themselves and were looting and burning bungalows in New
Friends Colony . He rushed
there and met DCP(South) who was moving with about 2 sections strength
in a pick up. They all entered
New Friends Colony and on being informed that the looters were in a particular
house near the house of Lt. General Jagjit Singh Aurora, he along with
some men entered the house but found nobody on the ground floor.
On reaching the first floor he found a man hiding in the cup-board
in the bath room. He pulled
him out and gave him a beating.
As he shrieked several villagers who were hiding under beds, in
almirah and under blankets suddenly
exposed themselves in panic.
Eight looters were thus caught with their pockets full of money,
Liquor bottles and other looted property.
All these looters were arrested.
From another bungalow in a similar manner six persons indulging
in looting were arrested. According
to Additional C.P., in a two-hour operation they arrested nearly 40 persons,
all looters. He goes on to
say that he told DCP(South) that he should dispatch the arrested persons
to the police station while they surveyed the entire area.
He then organized the local residents into a ‘self-defense group’
while the police was ordered to patrol the area at regular intervals.
He then goes on to describe how a bus-load of arrested persons were
brought from other Police Stations and locked up in P.S. Defence Colony
a. They included some persons
who attacked passengers in the train at Palam and others detained in the
Tughlakabad Railway Yard by the Railway Police. He gave specific instructions
to DCP (South) that since arrests had been made and incidents reported
from all over South District, instructions
may be issued to
register as many cases per incident as possible and special investigating
teams be created in the Police Stations for the registration of FIRs and
their subsequent investigation.
7.9.
It is surprising that these instructions were not complied with
by the DCP(South) and the police records again do not even show these
arrests made by the Additional Commissioner of Police himself.
Apparently, the persons arrested in the presence of Shri Kaul,
Additional C.P. were all let off by DCP (South) once his back was
turned. If
this is the manner in which the DCP (South) was functioning,
nothing much could be expected
from his subordinates. This
would be the reason why indifference, passivity and at times actual police
connivance was evident in the incidents of rioting, killing and arson
in all the Police Stations
in South District.
7.10.
There were more than 540 deaths in this District. The
bulk of them were in the jurisdiction of Police Station Delhi Cantt.
The next worst affected , as far as deaths are concerned, was PS
Srinivaspuri. Arson and looting
on an unprecedented
scale and some deaths continued unabated in the remaining police
Stations. When we examine
the records, we find that hardly any concrete action was taken by the
police in this District ,especially in the first three days of
the riots. Hardly any preventive
arrests were made during the entire period of the riots.
Besides, in spite of arson, loot and killings, arrests in registered
cases were nominal. Except
for Nizamuddin and Kalka
Ji, no tear-gas shells were used to disperse mobs
which were roaming
around unchecked and no one from the mob seems to have been hurt/killed
in police action. The general impression that one gets from the statements of
the deponents, both independent and those affected, is that the DCP and
his senior officers just did not care and were
permitting the crowds to continue their nefarious activities
unchecked, if not actually siding with them.
7.11.
The wireless log books of the senior officers of South District
have not been properly maintained, some have been tampered with and some
were not made available to the Committee by the office of the Commissioner
of police, Delhi in spite
of repeated requests:
i. (a) The log book of DCP (South) has evidently been tampered with, and, pages have been actually torn out. There are no entries from 1st November, 1984 to 7th November, 1984 i.e. the entire period of the riots. The Head Constables who were functioning as Wireless Operators have, in written statements, pleaded ignorance about the tearing of the pages from the log book. Since the Wireless Operators would not have been the beneficiaries, it is doubtful whether they would have torn the relevant pages. The only beneficiary was the DCP (South) himself. He had pleaded ignorance about the killings especially in Delhi Cantt. Area and, therefore, the possibility of the DCP having tampered with the wireless log book can not be ruled out. As we will see subsequently, messages regarding the killing in Delhi Cantt. Are evident from the other police records, the log books of SHO and ACP Delhi Cantt. Obviously in a bid to remove this evidence the log book of DCP has been manipulated. A wireless log book is a very important and vital document in police functioning and by tearing on pages (pp numbered 192-195) a very serious offence has been committed.
ii.
The log books of Shri K.B. Kumar, ACP and Shri Krishan
Gopal, ACP Hauz Khas, have not been made available and it is, therefore,
difficult to say anything about them.
iii.
The log book of Shri Ajay Chadha, Addl. DCP (South) appears to
have been re-written with some harmless entries as the log book contains
entries from 0900 hrs on 31st October, 1984 to 18.25 on 1st
November, 1984 only. Four
pages before 31st are blank and all the pages after 1825 hrs
on 1st November, 1984 are also blank.
His log books for period
before or after these dates have not been made available.
From this it is presumed that either they were not maintained or
there was something to hide in the original log book. If the statement
of Shri Ramesh Singh Rana, SI of Sagarpur Division
is accepted , Shri Chadha was in full connivance with the rioters
and instigating them this could be
one of the reasons that his complete log books have been
made available. It
might have revealed facts prejudicial to his interests.
iv.
The log book of ACP Lajpat Nagar Shri Avinash Chander also seems
to be manipulated as it does
not contain many messages which had been sent to ACP Lajpat Nagar after 1010 hrs on 1.11.84 .
Besides, when
the events were happening
in quick succession, we find no messages recorded in his log book
between 1050 hrs to 1345
hrs and again from 1600 hrs
to 1855 hrs on 2.11.84. The
log book of the control room contains number of messages meant for ACP
Lajpat Nagar but these are not reflected
in his log book.
7.12.
The movement chart of DCP (South) and action taken by him also
does not tally with the records of the Police Station.
For instance, the DCP has stated that on 1.11.84 at 11.00 hrs he
fired to prevent clashes between two communities at Ashram Chowk.
However, the police records do not show any firing at Ashram Chowk. Some firing was done
by a constable at Shalimar Bridge which is not at Ashram Chowk
but a different locality.
The DCP also in his movement chart shows that at 1735 hrs on 1.11.84,
he rounded up some miscreants in the area of New Friends Colony.
However, scrutiny of
records and DD entries show
no preventive arrests in Srinivaspuri and the 18 persons arrested in connection
with FIR No.369 appear to have been arrested subsequent to the period
of riots. As has been indicated
earlier, the arrests made by the Addl. Commissioner of Police also have
not been
reflected in the police records.
So obviously they were let off scot free.
7.13.
In the entire District, hardly any preventive
arrests were made and in
many of the Police Stations not a single arrest was made either
in preventive cases or in the registered cases.
Whether it is lathi charge
or the use of tear-gas shells, very little seems to have been done
as a result of which the crowds remained
unchecked and carried on their nefarious
activities unhindered.
This confirms the observations of independent witnesses that the
police was passive and indifferent and did not rise to the occasion even
when approached by the deponents.
Deponents like Shri Dinesh Mohan (2712), Shri Ravi Chopra(2771),
Miss Poonam Muttereja (2510) and Shri Smitu Kothari (2268) among others
clearly high-light the indifference of the police of South District not
to mention Dr. Sushila Nayar,
an extract of whose d.o. letter has been reproduced earlier in para 5.
Some of the deponents like Shri Amit Bararia (2738), Shri V.Khosla(2589)
and others indicate that the police was not only indifferent but actively
sided with the miscreants.
7.14.
South District was the first District to get outside force and
also one of the first Districts where army came, to
assist the civil police.
However, since the will to act was apparently lacking and the police
was passive and at places conniving with the mobs,
the situation in this District
remained out of control in almost all the police stations.
The subordinate staff appeared to be confused because of lack of
leadership on the part of DCP (South).
In spite of clear instructions from the Police Commissioner’s office
that there should be no hesitation
in resorting to firing to control the situation, the police
in the whole of South District did not rise to the occasion as
a result of which all the Police Stations were badly affected.
The responsibility of this failure falls squarely on the shoulders
of DCP(South).
7.15.
Two Police Stations
namely Delhi Cantt. And Srinivaspuri were badly affected and accounted
for the bulk of the killings
in South District. It is,
therefore, proposed to deal with these two in some detail and to highlight some incidents in the remaining Police Stations in the subsequent
paragraphs.
SHO
: Inspector Shri Vijay Malik
7.16.
Mayapuri Industrial Area of South West
Delhi and residential colonies like Naraina Vihar, Loha Mandi and
part of Nangal Rai fall within the jurisdiction of this Police Station.
There is one Police Post at Mayapuri.
Though
no affidavits appear to have been filed before the Misra Commission from
this Police Station, this Committee received 10
affidavits indicating Police inaction and failure to give
protection from arson and looting.
It has also been stated by Shri Amarpal Singh (106/87), Smt. Germej
Kaur (225/87), Shri Charanjit Singh (106/87) and Shri SRS Malhotra (311/87),
and others that the FIRs was not properly registered by the police
and adequate compensation has not been paid by the Government for the
losses sufferer by the deponents.
SEQUENCE
OF EVENTS
7.17. Instances of violence started in this area on
31st October, 1984 when a chemist shop in Nangal Rai belonging
to M/s. Kuldip Brothers was looted and set on fire.
The main incidents of violence, however, occurred on 1.11.84 and
continued up to 4th November, 1984.
One very serious incident pertained to the looting and burning
of a Gurudwara in C Block Narain Vihar at about 11.00 hrs on 1.11.84.
Three persons were killed in this Gurudwara in the presence of
the SHO and a party of police consisting of one SI , One Head Constable,
Four Constables and one
section of RAC (which consists of 10 people).
According to the SHO he tried to persuade the three people to come
down but they fell from the second floor in panic and died of burn injuries
on the spot. He
also states that 9 rounds
were fired by him to save the situation.
Obviously, this firing was not effective because no one was injured
or killed during this firing.
POLICE
ACTION
7.18. The statement compiled by the Delhi Police indicates
that no arrests were made under registered cases up to the 3rd of November, 1984. Besides there was no use of tear gas or lathi charge to disperse
mobs. The firing resorted
to was also
ineffective. The arguments
of the SHO that the force was too small to deal with the situation
effectively also cannot be accepted because if effective use of
the existing staff had been made, the situation would not have deteriorated to the extent to
which it did. Besides, additional
force was also deputed to
this Police Station but apparently the will to act
was completely lacking.
DEATHS
7.19.
The SHO has mentioned only three deaths in his report but the Delhi
Administration after enquiries have identified
14 deaths in this Police Station.
CONCLUSION
7.20. While there are no specific
allegations against the
SHO, the fact remains that the police in this area
failed to take any effective action, as a result of which besides
large-scale arson and loot, 14 people
lost their lives. The general indifference which we witness in South District
is evident in this Police Station also.
POLICE STATION
SHO
: Inspector Rampal Singh
7.21.
The Police Station of Ramakrishna Puram covers
13 Sectors of Government Quarters, Moti Bagh Government Quarters, Shanti Niketan , Palika Enclave etc.
SEQUENCE
OF EVENTS
7.22.
Violence in this area started on 31st October 1984
and continued up to
2nd November 1984. Taxi
Stands were burnt down and
the main market in Sector III
of R.K.Puram
was also set on fire. The
Gurudwara in Sector III was also damaged. On 1.11.84 a serious incident
took place in Palika Bhawan R.K. Puram where the crowd indulged
in looting and arson.
AFFIDAVITS
BEFORE MISRA COMMISSION
7.23.
Shri Sarwan Singh
R/o/ Gobindpuri (2654) has given a description of burning and looting
of his shop; besides Mr. George Mathews
(2642) and Shri Rajiv Lochan (2775) have also given affidavits
to show the jubilant mood of the mob and the passive attitude of the police.
Three affidavits have also been filed before
this Committee complaining against police inactivity and loss sustained
by the deponents.
POLICE
ACTION
7.24. During the riots the police had not made any arrests
either under preventive sections of law or substantive offences. There was no use of tear smoke or lathi charge.
Apparently on 1.11.84 the police resorted to firing on one occasion
( two rounds of rifle). The
police station records, particularly the wireless log book,
indicate that quite a few messages of loot and arson were coming
in but no effective action appears to have been taken.
CONCLUSION
7.25.
Although there are no personal allegations against any individual
police officer of this area the general indifference and passivity on
the part of police is certainly established.
SHO
: Inspector
Shri Daryao Singh
7.26. In this area
affluent sections of the public reside in Vasant Enclave, Priya Enclave,
Poorvi Marg, Munirka Marg and there is a
well-known Public School,
Guru Harkrishan Public School, within the jurisdiction of this
Police Station.
SEQUENCE
OF EVENTS
7.27. Incidents of violence started in this area in
the afternoon of 31st October 1984 and arson and looting continued
on 1st and a few incidents also occurred on 2nd November, 1984
AFFIDAVITS
BEFORE MISRA COMMISSION
7.28. From the affidavits of independent people like : miss Poonam Muttreja (2510), Shri Vasant Saberwal (2643) and Shri Rajiv Lochan (2775), it is evident that the police in this area was not inclined to take any effective action against the rioters.
7.29. One of
the most serious incidents
was the burning down of the Guru Harkrishan Public School on 1st November,
1984. This has been graphically
described by Miss Poonam Muttreja.
This deponent learnt about
the intention of the crowd to burn the School
and the house of one Shri Oberoi who lived in her colony, at about
0700 hrs. She rang up the
Vasant Vihar Police Station
and informed them of the intention of the mob to burn up the School.
The School was actually burnt at about 10.00 O’ Clock as
is evident from the affidavit of Shri, S.M. Purohit (2591) who was the Vice Principal of
the School but in spite of the efforts of Miss Poonam Muttreja
the police failed to take any effective action.
On the other hand the SHO who reached the place where the deponent
was trying to dissuade the mob from burning the School, asked her to move away.
The SHO was extremely rude to her and ordered her to stop interfering
and went off on his motor cycle after talking to the crowd.
The crowd then ran back to the School and set it on fire.
She also made efforts to contact Hauz Khas police Station
and telephone No. 100 at 9 AM. But without success. Thus in spite of her efforts for 3 hours police did not come
to rescue and the School got burnt down at about 10 AM. She has given
a graphic description of the attitude of the
police not only in Vasant Vihar but in other areas.
A maid servant gave her to understand that she should not be amazed
at the behaviour
of the police as her village had been visited by the police at
night and the villagers had been
told that they had three days in which they could loot the Sikh
Community. Miss Muttreja
joined the peace march and has given a description of the police
inactivity in other areas of South District from which it would
appear that the police was apathetic and indifferent to the violence which
was spreading all over. She
also visited relief
camps in order to help the victims.
Misra Commission and she stood
by whatever she stated
in her affidavit and so have other independent witnesses.
7.30.
S/Shri Rajiv Lochan and Vasant Salbewal two students of the Jawahar
Lal Nehru University and
Shri Dinesh Mohan (2712)
have also given similar versions of the police indifference in South Delhi. Their
efforts to make the police
act also met with no success. Wherever
they met the police personnel, they seemed to be just watching indifferently
and taking no effective action.
POLICE
ACTION
7.31.
The report of SHO also indicates that they seemed to be just moving
along with the crowd but not taking any effective
and concrete action. Except
for one arrests on 1.11.84
no arrests were made under registered cases or under preventive sections
during the course of the riots.
Neither there was any use of tear smoke or lathi
charge or fire arms to control the riots.
CONCLUSION
7.32.
Although there was
no loss of life in this area the fact remains that arson and looting which
could have been prevented
was not prevented by the police. SHO’s role was also of a dubious
nature.
SHO
: Inspector Shiv Dutt Sharma
7.33.
This Police Station covers residential and business area in and
around Hauz Khas.
Fairly well to do people reside in this area.
Violence
in this Police Station started in the evening of 31st October
84 and continued right up to 3rd
November, 1984.
AFFIDAVITS
BEFORE THE MISRA COMMISSION
7.34. Shri Gopal
Singh (2578) has stated that on 1.11.84 at about 10.00 AM. Police was
outside the Gurudwara of the Colony
but when the mob came
the police disappeared and
the Gurudwara was looted and set on fire.
Smt. Satinder Kaur (2392) widow of late Wing Commander G.B.Singh has stated that her house was attacked on 1.11.84.
The police came after a long delay and even when they came they
merely sat
outside in easy chairs gossiping and left after some time.
Her house was again attacked by the same people and plundered and
burnt down. She was saved
because she had taken refuge
in a neighbor’s house. Shri Dinesh Mohan (2712) has also described the
general indifference and apathy of the police in that area.
POLICE
ACTION
7.34.
The SHO of the area was on sick leave and Shri A.K. Ojha, ACP,
was asked to look after the work.
He appears to have
made some efforts to deal with the situation and arrested 74 persons on 1.11.84
and also registered cases at the Police Station.
Firing was also resorted
to on one occasion. However, the SHO Shri Sharma was ordered to join back immediately
and he joined on the morning of 2.11.84 .
The SHO indicates
only one death during the riots but according to the Ahuja Committee’s
finding there were 19 deaths of residents of this Police Station.
The details of these are not available from the records or the affidavits
filed before the Misra Commission. In the statement of major J.S.Sandhu before the Misra Commission,
who was on Recce--- duty on
1.11.84 , there is mention of an Inspector
of Police in uniform who tried to misguide him on the road leading
from Green Park towards the cantonment.
However, he has not specified the name of the officer and it is,
therefore, difficult to identify who exactly was misleading him.
CONCLUSION
7.36. Keeping in view the general trend, the conduct
of Shri Ojha, ACP, can be appreciated as this is the only Police Station where a large number of arrests were made one
day which had a salutary effect as thereafter there were fewer incidents.
However, Shri Ojha functioned as SHO for one day only before the regular SHO returned to duty.
Perhaps if he had continued
there might have been even fewer incidents on
subsequent days.
SHO
: Inspector Jaipal Singh
7.37.
This Police Station
covers a number of villages such as Mahipalpur, Chattarpur, Gadaipur etc.
In this area are also located a number of farms and farm houses
belonging to VIPs and well to do people of Delhi.
Affidavits received by the Committee
are of a general nature stating police inaction resulting in losses
in business establishment and general indifference on the part of the
authorities.
SEQUENCE
OF EVENTS
7.38. The main incidents of violence in this area started
on 1.11.84 and continued up to 3.11.84.
A number of
farms belonging to the Sikh community
were set on fire in this area.
The most serious incident was at Chhatwal Poultary Farm on 1st
November, 1984 when five members of the family were burnt
to death. There
was arson in Gurudwara Singh Sabha, Gurudwara Nanak Dairy and shops
near Mahipalpur. Shops in
Andheria Morh were also set ablaze besides petrol pump near Qutab Minar.
7.39.
The incident of Chhatwal Farm was really distressing because the
police were fully aware of the tension in this area from Addl. DCP downwards.
As a matter of fact, ASI Dinesh Tiwari along with two Constables
was stationed at the Farm to ensure that no
untoward incident took place but in spite of these people being
present, the Farm was set ablaze and 5 members of the family were burnt to death.
There are complaints that Shri Jagjit Singh, owner of
the Farm, had handed over this
was taken away by the SHO
. There are also complaint
that the daughter of Shri jagjit Singh was molested by the ASI.
Those complaints were enquired into by the Commissioner of Police
but apparently could not be proved.
It is however clear from the facts that Shri Dinesh Tiwari ASI
who had been deputed at Chhatwal Farm was unable to control the situation
and his plea that he had gone elsewhere when the attack took place appears
unreliable. He had been depute by his superiors and he obviously
did not do much to protest
the Farm which resulted in the death of five members of the family.
POLICE
ACTION
7.40. It is also strange that in spite of the fact that
mobs of thousands were roaming around and the police also resorted
to firing no one was killed or even injured as
a result of this. The police
did not make any preventive arrests nor did they use any tear gas
to disperse the crowds. The
FIRs do not show any arrests in substantive cases, so the arrests of
25 persons in registered
cases must have been made subsequent to the riots.
DEATHS
7.41.
According to the police records, at least 9 persons were killed
in the jurisdiction of this
Police Station as per FIRs 406, 413 and 419.
Of course, at least 5 deaths were either due to the cowardice or
inaction and unwillingness
to take action on the part of Shri Dinesh Tiwari, ASI.
CONCLUSION
AND RECOMMENDATIONS
7.42. ---------------------
penalty should
be taken against Shri Dinesh Tiwari, ASI.
Sri Jaipal Singh SHO also has not come out in a very good light
and suitable action should also be taken against him.
SHO : Inspector Harmit Singh
7.43. This Police Station
covers residential areas of Vinay Nagar, Sarojini Nagar, Laxmi
Bai Nagar, West Kidwai
Nagar and private residential areas in Safdarjung Enclave.
EVENTS
AND AFFIDAVITS BEFORE MISRA COMMISSION
7.44.
The affidavits before the Misra Commission of Shri Sardar Singh
(2311), Kuldip Singh (2312), Shri Ajit Singh (2315), Shri G.B.Singh (2317),
Mr. George Mathews (2642), Shri Prabhjeev Miglani (2527), Shri Tejinder
Singh (2316), and some affidavits filed before the Committee show that
the incidents in this Police Station started in the evening of 31st
October, 1984 and continued up to 3rd November, 1984. There
was arson and looting on Ring Road . Africa
Avenue crossing and Safdarjung Enclave. Gurudwara at Sarojini Nagar
was attacked and Kamal Cinema was set on fire.
Shri Ajit Singh 92315) has gone on record to say that when he contacted the local Police Station/Fire
Station, he was informed that they had orders not to move out.
There are also a number of complaints against the behaviour of
Shri Sant Lal Malik of an intelligence ----------------------- Major J.S.
Sandhu and the
victims. Shri G.B.Singh,
a retired IAS
Officer has given a graphic description of the events in this area
and Shri Kuldip Singh (2312) has also given details of the dubious role
played by Shri Malik.
POLICE
ACTION
7.45. The SHO of the Police Station being a Sikh Officer
made four arrests in registered cases and also resorted to firing on 1.11.84.
However, he was immobilized from the afternoon of 1.11.84 by his
seniors and thereafter remained at the Police Station.
As a result violence continued and although the report of the SHO
shows no casualties in this Police Station,
the Ahuja Committee has confirmed four deaths from this area.
Immobilization of the officer who was trying to take some action
was apparently not a judicious act of the part of his seniors but it certainly
was in conformity with the
general trend of allowing incidents to occur unchecked in this District.
Major J.S. Sandhu in his statement before the Misra Commission
has also given a graphic description of the situation which he had to
confront.
CONCLUSION
7.46.
Although no specific allegations, against any police officers,
have been made apart from Shri Malik of the Intelligence organization,
the passive role of the police is
quite evident in this area.
SHO
: Inspector Ombir Singh
7.47. Lajpat Nagar Police Station covers the four
sectors of Lajpat Nagar, Amar Colony, Sant Nagar, Daya Nand Colony,
Nehru Nagar, Garhi and Vikram Vihar and is a fairly congested area in
South Delhi.
SEQUENCE
OF EVENTS
7.48.
Incidents of arson and looting in Lajpat Nagar started in the night
of 31st October, 1984 and continued
right up to 4th November, 1984 unchecked by the police.
The police made no arrests either in registered cases of under
preventive sections of law and throughout
the period of riots
no tear gas shells were used
nor did the police resort
to firing. In spite of numerous
instances, only 5 FIRs were registered none of which indicate the deaths
which occurred in that area.
DEATHS
7.49.
While the Delhi Administration
has boasted in their submission before the Justice Misra Commission that
there was not even a single casualty in the area of Lajpat Nagar, the
Ahuja Committee subsequently set up identified 14 dead bodies in Lajpat
Nagar during the riots.
AFFIDAVITS
BEFORE THE COMMISSION &
COMMITTEE
7.50.
A large number of affidavits were received in the Misra Commission
and three affidavits were also received by this Committee
regarding the incidents in this area and the indifference and inactivity
on the part of the police. A
number of these deponents were also cross-examined by the Misra Commission.
Some of the main deponents
before the Misra Commission were
S/Shri Charanjit Singh
(2282), Jagat Singh (2391), Amar
Pal Singh (2492), Kuldip Singh , Rakhi (2575), Har Gopal (2620), Madan
Singh Chawla(2682), Gurcharan Singh (2706), Mohinder Singh Chawla (2681)
besides independent witnesses like Shri Ravi Chopra (2771),
Smt. Jaya Jaitly (2702), Shri Dinesh Mohan (2712), to name a few.
7.51.
In Lajpat Nagar, a salient feature was the good relations between
the Hindus and the Sikhs. Shri Jagat Singh (2391) has described how the
residents of the area approached the police in the morning on the 1st of November, 1984 so that
no untoward incident occurs in that area.
The attitude of the police was unhelpful and hence realizing that
the authorities were not going to help, the
Hindus and Sikhs of the area formed peace committees to resist
the mobs. The police
was present on most occasions when Gurudwaras were being burnt and miscreants
were indulging in arson and looting. The police instead of tackling mobs
threatened the members of the peace committee to disperse otherwise the
police would open fire on the members of the peace committee.
7.52.
The general attitude of the police in this area was not only mere
passivity but on many occasions they appear to be siding with
the miscreants as would be clear from the affidavits of Shri
Jagat Singh and others who stood their ground even during
the cross-examination by the Delhi Administration and the Union
of India.
CONCLUSION
& RECOMMENDATION
7.53.
The overall picture, therefore, of the police functioning in this
Police Station indicates
total inactivity and it would not be far from truth to say that
the police permitted arson and looting in their very presence which
was indeed shameful on the part of the custodians of law and order. There
are specific allegations against the attitude of Shri V.P. Rana, Sub Inspector,
in the affidavit of Shri Gurcharan Singh (2706) which needs to be carefully
examined and suitable
action taken.
SHO
: Inspector
Shri Bhupinder Kumar
7.54. This Police Station covers posh colonies
like Greater Kailash Part I
and II, Chittaranjan Park, Okhla Phase-II, Nehru Place etc. There
are six Police Posts under this Police Station.
SEQUENCE
OF EVENTS
7.55.
Incidents of arson and looting started in the morning of 1st November’84
and continued right up to the
3rd November’84 in
Nehru Place, Kalka Ji, Dakshinpuri and Gobindpuri.
According to the report of the SHO he received 103
complaints which have been covered in general FIRs.
DEATHS
7.56. In the arguments
given by the Delhi Administration before the Misra Commission there were
no deaths in the jurisdiction of this Police Station.
The SHO has, however, mentioned only
one death of a non-Sikh during the riots. The Ahuja Committee on
the other hand has come to the conclusion that at least 7 deaths took
place in the area in this Police
Station.
POLICE
ACTION
7.57.
In spite of the fact that a large number of incidents took place
in this area as is evident from the police records, no arrests were made
either under the preventive sections or substantive offences during the
entire period of the riots. The police did not resort to any lathi charge and there is only one mention of some
tear gas being used on 1.11.84.
The report submitted by the SHO in respect of this Police Station
contains a large number of discrepancies vis-à-vis the various
other records made available by Delhi Police. In his report dated 6.12.84
he has mentioned that three preventive arrests were made during the riots.
At another place he mentions six such arrests were made.
However, the records
do not indicate when and how these arrests were made.
In fact the chart prepared by the Delhi Police subsequently shows
no arrests during the period of the riots.
CONCLUSION
7.58.
The police in this area has shown indifference and passivity to
the incidents which were occurring in their jurisdiction during the riots.
However, no specific allegations against individual police officers
have been made by the deponents.
SHO
: Inspector Shri Sukhbir
Singh
7.59.
Located along the border of Haryana this Police Station covers
mainly the Industrial Complex
near Okhla on one side along
with Mathura Road, Tughlakabad and Suraj Kund on the other side.
SEQUENCE
OF EVENTS
7.60.
Trouble in this Police Station started in the evening of 31st
October 1984 when mobs stopped
vehicles on Mathura Road, dragged Sikhs from these vehicles and beat them
up. Sebal Cinema was set
on fire and a number of vehicles set
ablaze. The mob also
attempted to set fire to the Badarpur Gurudwara and Ahluwalia Petrol Pump
on Mathura Road. Incidents
of arson and looting continued throughout the night of 31st
October and on 1.11.84. Mohan
Meakin factory situated in Phase I of the Industrial Area and another
factory in B Block was set on fire by the mobs and a dozen Sikhs sustained
injuries, one of whom died on the spot.
Incidents continued right up to 4th November, 1984.
AFFIDAVITS
BEFORE THE COMMISSION
7.61. Shri Kamaljit Singh (2413) and Shri Damanjit
Singh (2758) had filed affidavits before the Misra Commission which relate
to incidents in this area and the refusal of the police to take any concrete
action. Instead of taking action the police threatened the relatives
of the deponent Shri Kamaljit Singh and directed them to give
false statements. They
also did not conduct proper investigations.
Shri Kamaljit Singh has also described
how repeated efforts to seek police help were of no avail resulting
in family members being mercilessly beaten up
by the crowd. As a
matter of fact police wanted to know how they had managed to save themselves
so far and where they had concealed themselves.
It was only with the help of an army Captain that the deponent
was later sent to Safdarjung Hospital.
AFFIDAVIT
S BEFORE THE COMMITTEE
7.62.
Fourteen affidavits from this area have been filed
before this Committee and they all allege police indifference and loss
of property due to the negligence of the police. According to them the
police took no action when killings
were going on in Tughlakabad Railway Colony and factories were
being looted on Mathura Road. Their
cases were also not properly investigated.
POLICE
ACTION
7.63.
Although in the arguments before the Misra Commission, Delhi Administration
has submitted that the police resorted to lathi charge to disperse the
crowd on 31st evening,
a statement prepared by Delhi Police shows no lathi charge during
the riots. The police also
did not make use of tear
gas to disperse the crowd or make any preventive arrests.
The SHO’s report dated
27.11.84 mentions a lathi charge which is not corroborated by the Police
records.
7.64.
In addition to the rioting and other
violent incidents in this Police Station, Tughlakabad Railway Station
also falls within its jurisdiction.
As has been examined elsewhere
while dealing with the Railway Police
large scale killings took place at the Railway Station
and the Chief Security Officer
of the Northern Railways had also gone to PS Badarpur to seek assistance
but was informed that no force was available to deal with the situation
at the Railway Station.
CONCLUSION
7.65.
Although there are no specific allegations against individual police
officers it is quite clear that the police in this area miserably failed
to rise to the occasion and gave a very poor account of itself.
POLICE STALTION DEFENCE COLONY
SHO
: Inspector Ram Chander
7.66.
All India Institute of Medical Sciences is located in the area
of this Police Station and it also covers affluent colonies like Defence
Colony, Gulmohar Park, Kotla
Mubarakpur, Andrews Ganj, Part of Safdarjung Flyover etc.
There are two Police Posts- one at Kotla Mubarakpur and the other
at Gulmohar Park.
SEQUENCE
OF EVENTS
7.67.
Incidents of violence started
at the All India Institute of Medical Sciences when the President’s car
cede was stoned in the afternoon when he came to the institute where Smt.
Indira Gandhi’s body had been kept at that time.
This should have put the entire police force on alert but it failed
to do so which is indeed tragic.
The incidents in the area of this Police Station continued from
the afternoon of 31st
October, 1984 till 2nd November, 1984.
There were some incidents on
3rd November also when shops in Gautam Nagar were set
ablaze.
AFFIDAVITS
BEFORE THE MISRA COMMISSION
7.68.
A number of affidavits were filed before the Misra Commission giving
details of the trouble in
this area :- prominent among them
are those of Shri Kuldip Singh (2312)
and Shri Jagjit Singh (2314) who himself is a Congress worker and was
present at the All India Institute of Medical Sciences, on hearing about
the news of Smt. Indira Gandhi.
Besides him, we have the affidavits of Shri Karam Singh (2651)
who describes the
burning of the Gurudwara and independent witnesses like Shri Ravi Chopra
(2771), Shri Dinesh Mohan (2772) and Shri George Mathews
(2642) have graphically described what they saw on 31.10.84
near the AIIMS. During their peace march later.
Shri Jagjit Singh (2314) has also vividly described how
the attack started and how he was advised by responsible people including
one who appeared to be a policeman to go away from the area as
being a Sikh he was likely to get into trouble.
The independent witnesses like Ravi Chopra, George Mathews, Dinesh
Mohan, Poonam Muttereja who were also cross-examined in the Misra
Commission have clearly stated that they got an impression that the
police was a silent spectator while the mobs went about their nefarious
activities. The police did
not take any action or any steps
to stop the rioters. The
Kuldip Singh (2312) has described how he managed to escape from the rioters
because of the help given by Major Sandhu.
AFFIDAVITS
BEFORE THE COMMITTEE
7.69.
A large number of affidavits (20 in number) have been received
by the Committee and they have complained about police inaction and the
loss they suffered during the riots. They have also complained that their FIRs
were not properly recorded as the prominent among these are : Shri
Surinder Singh Bindra (70/87), Shlri T.S.Bedi(71/87), Shri
Jeet Singh Bindra (74/87) and Shri Paul Police
did not prevent the
burning and looting of their properties; Singh (133/87).
Shri Paul Singh has even
stated that his business
establishment which is right in front of the Police Station was
looted and burnt but the police did not come out to save his property.
Even when he reported the matter to the police,
they took no action to investigate and recover his property.
Few of the affidavits are also from non-Sikhs who suffered
during the riots.
7.70.
Although no loss of human life was reported from this area, there was large scale arson and looting
for three days.
7.71.
The Commissioner of Police Shri Tandon has in his statement to
Justice Misra Commission dated the 18th February, 1986 indicated
that on 31st October, 1984 he along with other Officers of
Delhi Administration had gone to Defence Colony
area where he saw miscreants burning shops in the market and he
also recollects a car parked in a house being burnt. This was round about 8.00 PM., ACP Defence Colony and SHO,
Defence Colony also arrived on the spot and on the directions of the Commissioner
of Police 45 persons were arrested by the local police.
Similarly , Shri Gautam Kaul, Additional Commissioner of Police
in his statement (note contained in Delhi Police Head Quarters Special
Inquiry Cell files. No. XXV/1/85 Vol. XIII) said that he went to Defence
Colony area on 1st November,
1984 on hearing that the Army, which had by then been
called in to the aid of civil administration, was setting up a wireless
station in Police Station, Defence Colony.
He reached the Police Station at about 9.30 PM. And while he was
there to quote him – “ at that time we got a busload of arrested looters
brought from other Police Stations and they were all hurled into
lock up. This mob
included rioters who had stopped the train near Palam and attacked the
passengers. Also the Railway
Police had passed on some
persons who were detained by them in the Tughlakabad Railway Yard.”
He then directed Deputy
Commissioner of Police (South) who
was also there that
since arrests had been made cases should be registered and special investigation
teams created for registration of FIRs and their subsequent investigation.
However the records of Police Station Defence Colony specially
the Daily Diaries on these dates do not account for these arrests made
during the visit of the Commissioner of Police on 31st October,
1984, and the Addl. Commissioner
of police on 1st November, 1984, although there are 5 FIRs relating to
some other incidents. It
seems that as in other police Stations arrested persons were let off by
Deputy Commissioner of Police and his subordinates even though the arrests
were in the full knowledge of such Senior Officers.
This would also explain
why in spite of large scale arson and loot the police did not resort to any lathi charge except
perhaps on 1st November, 1984.
No tear gals shells were used
nor did the police resort
to any firing to control the riots in
this area. It is,
therefore, not strange that even though the army was called in and was
deployed in South District right from the
start, incidents in this
area continued right
up to the 3rd November.
Force would have been effective
only if it was utilized properly and police had the will to take
action.
7.72.
The impression one gets on going through the records of this Police
Station is that the police in the initial stages
took some action but thereafter it sat back and allowed the rioters
to have a field day.
The SHO has himself admitted 13 instances of arson and looting,
44 vehicles being
burnt, 24 shops and 4 houses being damaged and 3 Gurudwaras set ablaze.
These figures are on the lower
side when we compare the incidents as shown in the wireless logs.
CONCLUSION
7.73.
If the version of the independent witnesses is to be accepted and
there is no reason
why it should not be one gets the impression that specially after
31st October, 84 the police remained a passive spectator and
did not take any initiative to maintain
law and order in this area.
SHO
: Inspector Shri Sita Ram
7.74.
This Police Station covers Lodhi Colony, Jor Bagh, Safdarjung Airport,
Gurudwara Aliganj, Khan Market, Sewa Nagar Flyover etc.
SEQUENCE OF EVENTS
7.75. Incidents
of rioting started in this area on 31st October, 1984 near
Safdarjung Airport when a number of three wheelers and taxis were burnt
near Aurobindo Marg pump and on Lodhi Road.
On 1st November, 1984 Gurudwara Aliganj was attacked and burnt
and on 2nd November there
was arson and looting in Khan Market.
Tension was also reported from B.K.Dutt Colony, Mehar Chand Market
etc. However, the number
of deaths appear to be less and only one casualty has been identified.
AFFIDAVITS
BEFORE THE MISRA COMMISSION
7.76.
In the affidavits of Shri Narinder Singh (2299), Shri Ashok Jaitley
(2512) and Mrs. Jaya Jaitley(2702), we get a general impression of the
behaviour of the police. Shri
Narinder Singh (2299) has given a graphic description of the burning down
of the Gurudwara in Lodhi Colony on 1.11.84.
Activities of the mob went unchecked by the policemen who were
posted there to protect the Gurudwara.
7.77.
Shri Ashok Jaitly and his wife Mrs. Jaya Jaitley described the
events in Lodhi Colony and in other areas.
They are independent and unbiased witnesses and Shri Jaitley is
himself a senior Administrative
Officer. The impression
they got during the period of the riots when they were continuously on
the move was that the police were either ineffective or absent from the
scene of the crime and they were not serious about
taking any action. As
a matter of fact these deponents were informed by the police that the
mobs were only after the Sikhs and that they need not worry.
This would indicate passive connivance on the part of the police
if not active assistance.
AFFIDAVITS
BEFORE THE COMMITTEE
7.78.
Four affidavits have also been filed before this Committee viz:
Shri Harmohan Singh (77/87); Smt. Swaran Kaur (111/87); Shri Avtar Singh(141/87)
and Shri Jaspal Singh (258/87).
They have all described the indifference of the police, the losses
they suffered and the unhelpful
attitude of the local
police in registering their cases
and indifference in investigation.
POLICE
ACTION
7.79.
In spite of
a large number of cases of arson and loot only three cases were
registered by the local police in which they have tried to cover all the
incidents. The police records
have not mentioned any casualty
but the investigation showed
one killing in this area.
The action of the police against the rioters was negligible during
the riots. There is no evidence
of any lathi charge or use of tear gas and no
arrest under the registered cases
was made. No
firing was resorted to and no preventive arrests were made
on 31st October and 1st
November 1984 when the bulk of the incidents were taking place.
CONCLUSION
7.80.
Though there are no specific allegations against individual
police officers, general inefficiency and passiveness on the part
of the guardians of law and order is fairly evident.
SHO
: Inspector Ram Phal
7.81.
The colonies of Nizamuddin,
Jangpura, Bhogal, Badarpur Stock, Sunder Nagar, kaka Nagar, Church Lane,
Masjid Lane etc. come under
this Police Station.
There is a Police Post at Jangpura of which
Shri Shakti Singh. S.I.,
was In charge.
7.82.
Apparently there were no incidents in this area on 31st
October, 1984 but incidents of arson and looting started in the morning
on 1st November, 1984 and continued
on 2nd and 3rd November also.
The main areas affected were Bhogal and Jangpura where a large
number of vehicles parked in
Badarpur Stock area were damaged and then set on fire.
AFFIDAVITS
BEFORE THE MISRA COMMISSION
7.83.
Shri J.S. Gandhi (2432), Shri Raghbir Singh (2433) and Shri Kanwarjit
Singh (2429) give a graphic description of the destruction of their vehicles
by the mob which was being
led by Sri Vijay Choudhary and Hari Chand Saini
, both local political leaders.
According to these
deponents, the police remained silent spectator to the destruction and
when the Sikhs who were the owners of the vehicles tried to get together and prevent the
mob from destroying their
vehicles, they were prevented from doing so by the police.
These deponents have also made specific allegations against SI
Shakti Singh, In charge Jangpura PP who not only
prevented them from going ahead but threatened them and subsequently opened fire on them.
If one goes by the description given by the deponents, the persons
who should have been arrested were the ring leaders
of the mob – Choudhary and
Saini, who were indulging in arson, but instead, it seems, the police led by
Shakti Singh was acting under the
directions of these two mob leaders.
He also obtained orders of DCP at
1400 hrs to shoot at the Sikhs, as would be evident from the log-book
of Police Station Nizamuddin.
No arrests were made
by the police and the vehicles were allowed to be burnt after the Sikhs
were threatened, fired upon and
thus sent running home.
In fact, this kind of behaviour on the part of the police was again
witnessed when 5 Sikhs were arrested on 2nd November, 1984
according to FIR No. 413, under section 147, 148, 149 and 188 IPC.
Apparently, the police in this area instead of taking action against
the aggressors, was preventing the Sikhs from trying
to save their property,
a role which is hardly expected from the machinery set up to maintain
law and order. Shri Gandhi
had been cross-examined at length in the Misra Commission.
Thus we find that instead of taking action against the aggressors,
the police took action against the victims.
It is indeed a sad commentary on the role of the law enforcement
agency which has also been described by other deponents of South District.
7.84.
However, according to the report of the SHO dated 11.3.1985, he
had instructions from DCP (South) that the force should be kept
in between the 2 groups and
‘if Sikhs came forward and attacked’, then keeping
the situation in mind, firing
should also be done but firing should avoid loss of life.
Hence the police had to resort to firing and 17 rounds
were fired at two places.
POLICE
ACTION
7.85.
According to the figures compiled by the Delhi Administration,
no preventive arrests were made by the police
on 31st October,
1st and 2nd November, 1984.
No arrests were made even under substantive offences on 31st
October, and 1st November, 1984 and the five arrests made on 2nd
November, 1984 in FIR No. 413 were that of Sikhs and not the aggressors.
DEATHS
7.86.
The SHO reports that
there were no deaths in this area.
However, Delhi Administration
has subsequently identified 7 deaths in the area of this Police Station.
CONCLUSION
& RECOMMENDATION
7.87.
The overall impression that one gets from the affidavits of independent
witnesses like Shri Ravi Chopra (2771), Dinesh Mohan (2772), Poonam Muttreja
(2510) etc. and the records and the statements of the officers
in respect of this police Station is that instead of providing
protection to the victims
the police appeared
to be under the influence of the mob leaders and not only permitted violence to continue but threatened
the Sikhs and even arrested
them thus preventing them
from exercising their right
to self defense. Shri Shakti
Singh, SI, has been named specifically
by the deponents and, therefore, deserves
to be suitably dealt with departmentally for major
penalty.
SHO
: Inspector Shri Om Parkash Yadav.(1.4.84 to 14.11.84).
ACP
: Shri Avinash Chander
7.88.
Police Station Srinivaspuri has three Police
Posts each under a
Sub Inspector:
1.
New Friends Colony
Shri Laxmi Chand, SI
2.
Sunlight Colony
Shri Ishar Singh, SI.
3.
Okhla Phase I
Shri Bhawan Singh, SI.
7.89. Srinivaspuri
had under its jurisdiction DAV College, Hari Nagar
Ashram, Ashram Chowk, Bhagwant Nagar, Shalimar Bridge and Sidhartha
Bastis , Sunlight Colony and posh colonies like
Maharani Bagh and
New Friends Colony. There
are a number of other areas including
some villages in the extreme south of Delhi.
This P.S. was seriously affected during the riots of 1984.
AFFIDAVITS
RECEIVED IN THE MISRA COMMISSION
7.90.
A large number of affidavits were received in the Misra Commission
and some of these affidavits contain specific allegations particularly
against the SHO and other police staff besides senior officers.
7.91.
(a)
SMT. SARABJIT KAUR (166/85) has given a detail account of incidents
in her colony Hari Nagar Ashram by the mobs.
According to her while the mobs were raising slogans in the morning on 1.11.84, the SHO with two police
officers came in a vehicle to that area.
They conversed with the leaders of the mob, shook hands with them
and they all jointly raised
the slogan ‘Khoon Ka Badla Khoon’.
The mob set fire to her car and also looted movable
property from her house.
Later in the evening they again attacked.
Then the mob poured kerosene
through a ventilator into the room
where the family was taking shelter
and set it on fire. The
family members had to come out of hiding to escape from the fire.
They were then beaten up, kerosene was
poured over the male members and they were set on fire.
The mob then started dancing to celebrate the bon-fire.
She along with her minor children managed to escape by taking refuge
in a toilet and thereafter took shelter with a relative in Vishnu Garden.
According to her, police deliberately did not stop the mob
from plundering, looting and killing the male members of her family.
(b)
SHRI SANTOKH SINGH (2363)
had deposed that :- “On
1.11.84 in the afternoon, DCP of the area along with SHO, Ishar Singh
and Ved Parkash Sis, Head Constable Mohinder Singh and about 50 Constables
reached the spot when their trucks, cars, buses, three wheeler scooters
and two wheeler scooters being set on fire by the mob
in the presence of the police and we were being brick-batted by
the mob. The DCP, SHO and two Sis and constables named above were announcing on the
loud speakers that the mob should kill every Sikh and burn their property
and houses. The police constables
under the order of their superior police officers present on the spot
started setting our houses on fire along with
the mob.” “At
about 6.45 it was announced by the Government that curfew order was imposed.
The DCP and other police Officers
present on the spot, however,
simultaneously announced that this curfew order was not for non-Sikhs
and was only for Sikhs and the mob need not stop
their efforts to kill the Sikhs, loot their properties and burn
the Sikhs.” The deponent
further goes on to say that
:- “ We have been
fighting these criminals including
these officers who are hardened criminals in uniform duly armed by Indian law,
throughout the night.” In
this way the Sikh Community in that area was harassed till the military
came and saved them.”
He also alleged that
the DCP announced that one train of Hindus duly slain in Punjab
had come at Del hi and now
in reply they i.e. the Hindus are to kill the Sikhs and their children
and send their bodies in the same train back to Punjab. The
deponent has given the names of a number of persons
in the area whom he could
identify. The deponent
was cross-examined by the Delhi Administration and the Union of India
and re-affirmed all
that he had stated in his affidavit.
(c)
SHRI KISHAN SINGH (2271) had deposed that he heard policemen shouting
to the mob that they should first finish off the Sikhs of Ashram and that to finish them (i.e. those living in Jiwan Nagar) was a minor thing.
However, the Sikhs of that area defended themselves and seeing
their swords the mob got frightened and
ran away. He also
deposed that he informed
Shri Yadav, SHO, about a body lying in the park which was being
eaten by dogs, However, the police took no cognizance, behaved rudely
and the body continued to lie till it was completely eaten up by dogs.
(d)
SHRI
KARTAR SINGH (2548) and KESHDEV SINGH BINDRA(2659) have deposed that the
SHO Yadav accompanied the mob and instigated them to kill the Sardars
and loot their property.
(e)
SMT. GOURI CHAUDHARY(2511):
Her affidavit was inquired into by the investigating agency of
the Misra Commission. She
had described how houses
of the Sikhs in Maharani Bagh were set on fire by a well-dressed young
man leading the riotous mob.
(f)
Shri Amit Bararia (2738), Shri Ravi Chopra (2771) and Shri V.Khosla
(2589) have all described the indifferent attitude of the
police wherever they went.
As a matter of fact6 Shri Amt Bararia who is a
Hindu, states that
he actually saw policemen firing into houses of Sikhs in Sunlight Colony.
Shri V.Khosla has stated
that he saw
policemen throwing stones along with the crowd alt the Sikh Shops.
He goes on to describe how a police jeep came seeing which the
crowd disappeared but since the police
did not
interfere with their activities they re-assembled and started looting
again.
7.92.
Similar versions of the police connivance with the mobs
have been given by Smt. Ishar Kaur (2570); Shri Prithvi Singh (2484);
Sardar Prithipal Singh (2384); Smt. Surinder Kaur (2440); Shri Ram Singh
(2458); Shri K.S. Sawhney (2366); Shri Jagjit Singh (2267); Shri Amarjit
Singh (2291); Shri Santokh Singh (2363) and many others.
7.93.
A number of these witnesses were cross-examined by the Commission
; prominent among them were Shri Kushdev Singh Bindra (2659) Shri Santokh
Singh (2363) along with independent witnesses who were not Sikhs like
Smt. Gouri Choudhary (2511), Shri Asim
Srivastava (2676), Shri Ravi
Chopra (2771), Smt. Lalita Ramdas (2693), Shri V.Khosla (2589),
Smt. Jaya Srivastava (2705 & 2734) etc.
AFFIDAVITS
BEFORE THE COMMITTEE
7.94.
Three affidavits have been filed before this Committee.
Two of these deponents
Shri Dalip Singh (235/87) and Shri Bansi Lal (238/87) have stated that
the police did not render any help and no action was
taken on their reports. One
affidavit, however, is in favour of the Police (Shri Sarwan Singh, affidavit
No. 2/87).
SEQUENCE
OF EVENTS
7.95.
Trouble in this area started on the night of 31st October,
1984 when a Taxi Stand opposite
Police Station DAV College was set on fire.
Vehicles were also
set on fire in the night near Ashram Chowk.
From the morning of 1st November, 1984 incidents started with full
fury when the vehicles were
set on fire at Ashram Chowk, New Friends Colony, Tamoor Nagar,
and houses of Maharani bag hand New Friends Colony
were set ablaze. There
were some serious incidents in Ashram Chowk on that day besides Bharat
Nagar, Shalimar Bridge, Sukhdev
Vihar, Kalindi Colony etc. Some
incidents continued on 2nd , 3rd and 4th
November, 1984 also.
POLICE
ACTION
7.96.
Throughout the period of riots no tear gas shells were used in
this Police Station and even the arrests
which were made by and in the presence of the Additional Commissioner
of police were not shown
or registered. On 1st
November, 1984 firing was
said to have been resorted to at Ashram Chowk for which both Deputy Commissioner
of Police and the SHO take credit.
However, Police records do not show any firing at Ashram Chowk
on 1st November, 1984. It
appears that they both
are not giving the
true facts.
One is more inclined to believe
the version of S.
Santokh Singh (2363) in which
the incident has been fully
covered and police inaction highlighted.
DEATHS
7.97.
The figures of deaths are also conflicting
However, the Delhi Administration, Delhi, has identified at least
twenty deaths in the area
of this Police Station.
FIR'
s
7.98. Although
a very large number of incidents of all types took place in this area
very few cases were registered
and apparently no effective action
was taken by the police.
7.99.
Shri Om Parkash Yadav SHO was examined by Justice Misra Commission
and he deposed that ‘till about 0830 hours
on 1st November, 1984
no untoward incident came to my notice’.
This statement is absolutely incorrect because as stated above
incidents had already started on 31st October, 1984 and during
the night intervening 31st October, 1984 and 1st
November, 1984. Besides,
trouble had started at the
AIIMS on 31st October, 1984
afternoon and any Police Officer worth his salt would have initiated
precautionary measures immediately.
He would
not have waited for
crowds to assemble
the next day before trying to take action.
In spite of large
scale arson, looting and even killings the SHO has tried
to make out that ‘there was no aggression by mobs before
firing was resorted to
by Sikhs or they came on the public roads armed with
swords’.
7.100.
The above would mean that mobs were roaming around without bad
intentions and only when the Sikhs came on the roads that mobs retaliated. This is hardly believable considering the amount of damage
which occurred in the area. A
number of independent witnesses have graphically described the indifferent
and callous attitude of the
Police. Some have
also described that the Police was actually conniving with the mobs e.g.
Shri K.S. Sawhney (2366), Shri Ram Singh (2458), Shri Aseem Srivastava
(2676), Col. A.S. Dhingra in his letter dated
the 15th February, 1985 to the then Additional Commissioner
of Police Shri V.P. Marwah, plus many others who visited that
Colony during peace
march. Similar version of Police indifference have been given by Shri Ravi Chopra(2771), Smt. Gouri Choudhary
(2511), Shri Ashok Jaitley (2512), Shri Amit Bararia (2738) and Smt. Jaya
Srivastava (2705 & 2734). Smt.
Gouri Choudhary’s affidavit which was investigated by the Justice Misra
Commission shows that a young
well-dressed man was leading the mobs.
This has been also corroborated by Smt. Jaya Srivastava (2705)
who also stated that this young man told her husband that ‘you do not
worry. If you even lose a pen you can get it from me’.
He further stated
that ‘the idea was only to teach a lesson
to the Sikhs and to do a bit but
any way that has got
already out of hand’. The
investigating team of Justice Misra Commission had identified this gentleman
as Ajay Satsangi who is the son of a rich person of that area and who
was later given a dressing down by his father for indulging in this hooliganism.
7.101.
It is also surprising that SHO, Police
Station Srinivaspuri has made no mention of the visit of the Additional
Commissioner of Police (Delhi
Range), Shri Gautam Kaul who visited this area on receiving reports of
violence. According to Shri
Kaul he had gone, himself, to the area of New
Friends Colony along with Deputy Commissioner of Police (South
Distt.) and caught about fourteen looters and rioters red handed; about
forty persons were arrested
in a two hour operation. Additional Commissioner of Police directed the Deputy Commissioner of police to dispatch these
persons to the police Station while the whole
area was being surveyed.
According to Shri Kaul some persons detained by the Railway Police
Tughlakabad had also been brought and were to be
sent to the Police Station.
The Police records of Police Station Srinivaspuri are, however,
silent about these arrests, some
of which were made
by the Additional Commissioner
himself. The police
records show 18 arrests but these relate to FIR 369 which pertains
to an occurrence at about
1130 AM on 1.11.84 and hence not connected with the arrests made
by Sri Kaul. It is a
strange commentary on how the Deputy Commissioner
of Police and his subordinates functions.
Also a sad commentary
on the attitude and efficiency of Deputy Commissioner of Police who was
present when the arrests
were made. Apparently, the
Deputy Commissioner of Police did not bother about the arrests made by
and in the presence of the Additional Commissioner of Police once the back of Addl. C.P. was turned. That is why no arrests under preventive sections or under substantive
offences have been shown in the jurisdiction of Police Station
Srinivaspuri as would be clear from the report of SHO dated 31st
March, 1985 to the superiors.
RECOMMENDATION
7.102.
The Police personnel of this Police Station behaved
in a most irresponsible manner and the evidence forth-coming clearly
indicates that neither the SHO Shri O.P. Yadav
nor the Sub Inspector In charge of Police Posts acted as members
of a disciplined force. In
fact, the evidence indicates
that the mobs had full support of these officers.
It is, therefore, recommended that departmental action for major
penalty should be initiated
against them as they are not fit to be retained in service.
POLICE
STATION DELHI CONTONMENT
SHO
: Inspector Rohtas Singh
ACP
:Shri D.P. Verma
7.103.
Delhi Cantt. Police Station has two Police Posts within its jurisdiction
, namely PP Palam and PP Dhaula Kuan. This
Police Station covers the south-west portion of South Delhi and includes
Nangal Raya, Lajwanti Garden, Sagarpur, Palam Colony, Raj Nagar,
Sadh Nagar, Raghu Nagar,
Gopi Nath Bazar, Sadar Bazar, Mahabir Enclave, Vijay
Enclave and a portion of Pankha Road.
AFFIDAVITS
FILED BEFORE MISRA COMMISSION
7.104.
A very large number of affidavits were filed before Misra Commission
in respect of this Police Station.
The Misra Commission considering the gravity of the incidents of
this area investigated 3 of the affidavits of the deponents and found
their version to be, by and large, correct:-
(a)
SHRI HARNAM SINGH (2711)
who was an active worker of the Congress Party for the last 25
years has described the incidents in Palam Colony and Sadh Nagar and
stated that when the mob attacked the Colony and burnt Gurudwara “Section
144 had been imposed and police was moving about.
Police did not top the miscreants, rather they encouraged them
to loot and burn Sikh shops. My
daughter asked the policemen to prevent the miscreants from looting, but
they said that since Sardars had
killed the Prime Minister, the Sardars would not be spared.
This looting continued until 3.00 PM. And then our shop was set
on fire.” He further described
how the local Congress leaders who knew him, were leading the mobs
and how even though some of his goods were recovered, they were
not returned to him by the police. He has
also described the killings
of Sardar Pritam Singh Sewak who was his neighbour, his wife and son. According to him, they were burnt alive along with their tenants.
(b)
SHRI SAMPURAN SINGH CHAMBAL’S affidavit (184) was also investigated and he
had described how the local leaders were leading the mobs
and the police did not give them any protection for 3 days till
the military came on 3.11.84 in the evening.
(c)
SMT. JASPAL KAUR’S STATEMENT (2539)
was also investigated into and
her version was found to be true
and correct by the investigating agency.
7.105.
SMT. SURENDER KAUR (2542) who was a member of the Congress Party
Mahila Mandal, Sagarpur has
given detailed account of
how trouble started on 31.10.84 at about 8.00 PM . How the local Congress leaders attacked Sikh families with
the help of the mobs and created havoc in the area. They did not allow her neighbour Dr. Mahabir Singh who was
trying to give them protection to let them remain in his house.
Her husband
was later attacked and killed.
7.106.
Sqn. Leader I.S. Chowdhury (Retd.) (38/85) of Lajwanti
Garden, Shri Balwant Singh (133) R/o. Nangal Raya, Shri Sampuran
Singh (184) R/o. Sadh Nagar, Shri Avtar Singh R/o. Palam Sardar Baljinder
Singh Kapur (2376) R/o. Sadh Nagar, Shri Manmohan Singh (2442) R/o. Palam
Colony, Smt. Joginder Kaur
(2450) R/o. Palam Colony, Smt. Daljit
Kaur (2525) R/o. Sagarpur, Smt. Surender Kaur (2542), Smt. Harjinder
Kaur (2571), R/o. Dabri, Smt. Gurmeet Kaur (2658), R/o. Sadh
Nagar , Smt. Swaran Kaur (2697) R/o. Sagarpur , Sardar Harnam
Singh (2711) of Sadh Nagar Mrs. Satya Devi (2423) and a host of
other deponents, a number of whom were cross-examined, have all described
police absence or apathy.
7.107.
Smt. Joginder Kaur’s (2450) two sons were saved with the help of
Sympathetic policemen. She
overheard the mob complaining about
the loss of Rs. 500/- for each killing
on account of this help.
7.108.
The different versions given by the deponents given the impression
that the entire area was under the control of local leaders who were directing
the mobs to attack the Sikhs and the police
did precious little to prevent, arson, loot and killings. The police at places actively connived with the mobs.
The investigating cell of the Delhi Police
also enquired into these incidents and took the statements of a
large number of witnesses and found the version of the deponents to be
correct.
AFFIDAVITS
BEFORE THE COMMITTEE
7.109.
Over 40affidavits were received by the Committee.
A number of these affidavits have praised the role of the SHO Inspector
Rohtas Singh. These are obviously
motivated and cannot be relied upon. There are a large number of affidavits which speak of police
indifference and the
failure of the police to prevent the incidents.
Shri Harnam Singh (280 & 281/87) is one of the deponents who
has also given an affidavit (2711) before the Misra Commission. He goes
on to say that the police took no action on his complaint nor
investigated and apprehended the culprits. Many affidavits before the Committee also indicate police inaction
in this area.
SEQUENCE
OF EVENTS
7.110.
From the police records as well as the versions of the deponents, it appears
that incidents of arson and looting started from the evening of 31st
October, 1984 . Pankha Road,
Dabri, Raghu Nagar, Nangal
Raya were all affected from the evening.
Major trouble started on 1.11.84 in Raj Nagar in the morning at
about 9.00 AM and then Lajwanti Garden, Janak
Setu, Sagarpur
and many other localities.
Incidents continued
unabated and the last serious
incident was on 4th November, 1984 at about 7.55 hrs. when
7 Sikhs were killed near Dabri Morh,
Sagarpur. Later the
houses in Palam Colony were
set ablaze at 22.45 hrs. on the same day.
The area under the Police Post Palam was one
of the worst affected
during the riots. Apart from
large scale brutal killings
at least 272 houses, 14 shops,
2 Gurudwaras and 17 vehicles
were set ablaze.
DEATHS
7.111.
Large scale killings took place in this Police Station and according
to the Citizens’ Justice Committee, 427
persons were brutally murdered in the area covered by the Police
Station Delhi Cantt. The
police kept on giving different versions of the number of deaths.
On investigation, however,
the Delhi Administration
has verified 341 deaths in this area.
These figures would naturally be on the lower side because a large
number of persons killed had been completely burnt and may not
have been accounted for.
In any case , 341 deaths in one Police Station can only be accounted
for if the police was totally
apathetic and inactive. The
fact that they had knowledge
is clear from the messages in the various wireless log books of
SHO Delhi Cantt; ACP Delhi Cantt.;
as well as the District Control .
However, it seems that under pressure
of the local leaders the police refused to act and discharge their duties in a nonpartisan
manner . If the version of
the Sub Inspector Ramesh Singh Rana dated 14.3.85 is to be believed, and
which will be discussed shortly, the major blame for all these killings
and incidents remaining unchecked will fall on the shoulders of the DCP
of this District viz., Shri Chander Parkash.
FIR'
s
7.112.
Even though more than 340 people were killed and large scale arson
and loot took
place in this area, only 5 FIRs were registered.
These are on the complaints of some individuals.
A large number of deponents have stated that their complaints were not recorded or investigated properly.
POLICE
ACTION
7.113.
Not a single arrest has been made under preventive sections of
law from 31st October to 4th November, 1984.
Further, no person was arrested in registered cases till 3rd
November, 1984. The police
did not resort to any lathi charge or use tear-gas shells to disperse
the rioters; although in the report of the SHO Cantt. There is mention
of one mild cane charge which is not borne out by police records . On the first 3 days i.e. up to 3rd November, 84,
police did not resort to any firing.
7.114.
From the above, it would be clear that during the worst days of
the riots i.e. from 1st to 3rd November, 1984
police remained totally inactive in this area.
The plea of the senior
officers that they were not
aware of what was happening, can not be accepted as on his own admission
the DCP took round of this area between the night of 31st October
and 1st November. Besides,
in the log book of PCR ‘A’ Net there is a clear message on 1.11.84 at
0942 hrs. from DCP regarding arson in Lajwanti Garden.
ACP and Addl. DCP were also in this area on a number of
occasions. The wireless
log books of SHO Cantt., ACP Cantt., as well as the District Control clearly
indicate that the senior officers were fully aware of what was happening
and this leads one to give credence
to the report dated 14.3.85 which has been submitted by Sub Inspector
Ramesh Singh Rana In charge Sagarpur Division.
7.115.
S.I. Ramesh Singh Rana has explained that he had only one Constable
with him, so finding the situation
in Sagarpur getting out of control, he reported the matter to PS
Delhi Cantt; at about 11.30
AM . On 1.11.84 (DD Entry
No.9 dated 1.11.84). He was
then ordered to go to Sagarpur where he met Shri Chander Parkash, DCP, Addl. DCP, ACP and SHO Cantt. With about 8/9 Officers/men in
a caravan of cars and jeeps. Addl.
DCP announced on a loud speaker that no one from the public
should be seen on the road-side when any police contingent or party
came. The public understood
this to mean that they could carry their illegal activities when the police
was not in sight. They shouted
slogans like “ DCP Zindabad (long live): Delhi
Police Zindabad.” And
the DCP left the scene along
with his caravan. He also
instructed SI Ramesh Singh Rana to keep restraint and not to use any fire
arms as he had a pistol and the constable
accompanying him had a stein gun.
DCP had already seen the havoc that had been wrought but
he did not bother and wont away towards Nangal Raya.
When SI Rana asked
for additional staff, he was told that he was a Jat and, therefore, more
than enough in the area. Further
, according to SI Rana,
DCP (South) had been in close touch with all the happenings in Delhi Cantt.
But he did not order any officer
either to use arms or lathi charge the mob which was moving about
unchecked.
7.116.
SI Rana then goes on to say that when
he reported about
77 deaths in Sagarpur Division and the new SHO who replaced Shri Rohtas
Singh reported about100 deaths for Delhi Cantt. As a whole, SI Rana was
called at mid-night(9-10 November 84) and asked to reduce the number of
deaths which he refused. Thereupon
he was threatened with dire consequences. He was then suspended
on 15.11.84 on the excuse that he had shown lesser number of deaths
whereas the DCP himself had
been sending the number of deaths
to be approximately 20
only to Headquarters up to
20.11.84. According to SI
Rana, DCP himself got the dead bodies cleared and burnt in the area at
night as he used to patrol the area himself. SI Rana complains
that he had been made a victim of circumstances and it was actually
the DCP(South) and Addl. DCP (South) who failed to control the situation.
7.117.
If the above statement of Shri Rana is believed and there seems
to be no particular reason as to why it
should not be believed,
then the DCP’s report dated
16.11.84 that the senior officers
were not kept informed of
the various incidents in
the jurisdiction of Delhi Cantt.
Police Station does not hold water.
Even otherwise, the log books of SHO Cantt; ACP Cantt; and entries
in the ‘A’ Net of PCR and ‘Y’ Net asking for additional force clearly
show that both DCP and
Addl. DCP were aware of the happenings in that area and his plea of ignorance
is not acceptable. It is
also strange that while curfew was imposed in other area, DCP (South)
did not impose curfew in
areas where there was trouble in Delhi Cantt.
Even if the route to Palam had to be kept open for VIP movement,
the areas where trouble was going on could have been identified and appropriate
action taken , including imposing of curfew.
7.118.
The fact that large
scale massacre continued unchecked for 3 days clearly indicates that the
will to act at all levels was lacking and the responsibility will have
to be shared by all officers from DCP downward.
All ranks, namely, DCP, Addl. DCP, ACP and SHO are accountable
for what was allowed to happen in the jurisdiction of this Police Station.
RECOMMENDATION
7.119. While the role of the senior
officers will be discussed separately, it is recommended that disciplinary
action for major penalty may be taken against Inspector Rohtas Singh,
SHO Cantonment Police Station
for dereliction of duty.
He is hardly fit to head a Police Station.
DEPUTY COMMISSIONER OF POLICE (SOUTH)
SHRI CHANDER
PRAKASH
AND
ADDL. DEPUTY COMMISSIONER OF
POLICE
SHRI
AJAY KUMAR CHADDHA
7.120.
From the aforesaid discussion
about the functioning of the Police in the 14 Police Stations of
South District
under the control of Shri Chander Prakash Deputy Commissioner of
Police (South), it is quite clear and evident that there was a complete
break-down of law and order
in this District during 1984
riots.
7.121.
Incidents of violence started in front of the AIIMS. In the afternoon
of 31st October, 1984 and continued unabated in various parts
of this District, for a number of days.
All the Police Stations were badly affected but the
maximum killings took
place in Delhi Cantt. In
spite of repeated enquiries
made from the DCP (South),
he did not come out with the correct figures of the killings.
As a matter of fact, in his various reports,
the DCP (South) gave different
figures and deliberately
tried to conceal the gravity of the situation.
This would be evident from his D.O. letter No. 29597 RDP/HD dated
3.12.1984 addressed to the Addl. Commissioner of Police with which he
enclosed his various
reports submitted earlier.
7.122.
In the Districts a whole, there were over 450 deaths during the
riots. Delhi Cantt. Alone
accounted for more than 300 deaths, according to the
preliminary enquiry made
by Shri R.S. Sethi, the then Deputy Commissioner of Delhi. Subsequently, in the detailed enquiry made by Shri Ahuja, Secretary
(Home) , Delhi Administration the figure of deaths rose to 341 in Delhi
Cantt. Alone. The rest of
the killings were in Srinivaspuri and other
Police Stations as discussed earlier.
Arson, loot
and killings took place all because of the dubious
role played by the DCP and his staff
in this District during
the entire period of the riots.
Although technically section
144 had been promulgated land later curfew had been imposed in the district,
these orders only remained on paper and the police made no efforts to
implement the orders and took
no action against the
rioters. In some police Stations
it has been quite evident that the Police was actually hand in glove with
the leaders of the mobs with
the blessings of the DCP/Addl. DCP.
In some areas the police even announced that the curfew
was only for the Sikhs
and not for others which is indeed surprising when it comes from the law
enforcement agency. Train
after train was stopped within the jurisdiction
of this District but no action was taken to curb the mobs in spite
of the fact that DCP had full knowledge of what was happening.
7.123.
It has been clearly brought out in the affidavits of the deponents,
some of whom were victims
and others who were completely independent,
that while in some places the police remained a passive spectator to the crimes committed, in other places they actively
connived with the rioters.
For instance, Shri Ajit Singh(2315) who is an independent witness
rang up the police Station Vinay Nagar when he saw the incidents occurring in his area but he was informed that the police had
orders not to move out and take
action. His statement
is corroborated by similar statements from witnesses of other Police Stations
who are independent witnesses,
viz., Ashok Jaitly (2512), Smt. Jaya Jaitley (2702), Km. Poonam Muttreja
(2510) , Shri Dinesh Mohan (2712) and Shri Ravi Chopra (2771) to name
a few. In respect
of some Police Stations like Delhi
Cantt. And Srinivaspuri,
there are very direct allegations
against the DCP (South) where he was openly
encouraging the mob
to indulge in violence.
7.124.
In Delhi Cantt., apart from the affected persons, Shri Ramesh Singh
Rana, SI I/C Sagar Pur Division, has gone
on record to
say that the DCP (South) and the Addl. DCP told the rioters that they
should not be present when the police was in the locality but
otherwise they could
continue with their activities. The
mob, indulging in their nefarious activities, on hearing this raised
slogans in favour of the DCP (South).
The SI was also instructed not to resort to firing and thus he was made helpless. Shri Rana goes on to say that because he reported a number
of deaths in his area, he was subsequently
taken to task and victimized.
This is in direct conflict with the statement of the DCP who was
trying to make out that he was not aware of what was happening
in Delhi Cantt., otherwise he would have sent additional force.
The DCP(South) was obviously telling lies because the log books
of the Police Station Delhi Cantt. And ACP, Cantt. Clearly show that the
DCP was fully aware of what was going on in that area which he visited
several times. Even in his movement chart enclosed with his letter No.
3290/84(X), dated 15th
February , 1984, he has shown his visit to Nangal Raya etc.
He also took a round of Palam in the night of
1st November, 1984, according
to the report of SHO, Delhi Cantt.
Thus the facts clearly
indicate that Shri Chander Prakash along with Shri Ajay K. Chadha, Addl.
DCP had visited the Lajwanti Garden
Chowk and Nangal Raya and this
is further corroborated by
SI Ramesh Singh Rana, I/C Sagarpur Division.
In a clumsy effort to do away with the relevant evidence, the wireless
log books of DCP and Addl. DCP have been tampered with as discussed earlier.
7.125.
Shri Santokh Singh (2363) has made direct allegation about the
behaviour of DCP who ordered the police to fire
on the Sikhs who were trying to protect their vehicles from the
mob and according to him,
DCP even announced that the curfew
was only for the Sikhs and not for the non-Sikhs.
Shri Amit Bararia (2738) has also corroborated that he saw a policeman
actually firing into the houses of Sikhs in Sunlight Colony.
Smt. Sarabjit Kaur (166/85) and Smt. Surender Kaur (2440) have
also described the partisan attitude of the police in this Police Station,
namely, Srinivaspuri.
7.126.
The way the mind of the DCP was functioning would be quite clear from
the fact that
the looters who were caught red-handed by Shri Gautam Kaul, Addl.
Commissioner of Police, in Srinivaspuri and Defence Colony area have not
been accounted for in the police records.
They were apparently let off even though his superior had himself
caught them red-handed. A
bus-load of others who had come in the presence of the Addl. C.P. in P.S.
Defence Colony have also not
been accounted for in the Police records.
If this is the manner in which
the DCP was behaving, precious little could be expected from his
subordinates who would naturally take the cue from him.
7.127.
While discussing PS
Hauz Khas, we noticed that Shri A.K. Ojha, ACP, rounded up 74
persons in the morning
on 1.11.84 and also registered
cases but he was quickly removed; SHO of Vinay Nagar who seemed to be
inclined to take firm action was also immobilized. The message must have
been clear and loud to others as to how they were to behave and that explains
why hardly any preventive arrests were made in this District. There
was also no use of tear-gas or lathi charge in most of
the Police Stations of this District to curb the mobs.
Besides, very few arrests in substantive offence were made during the riots.
7.128.
In an effort to do away with the
evidence which would incriminate
the officers, we find that the wireless log books have been tampered with
especially those of DCP (South) and Addl. DCP (South).
As discussed earlier, the beneficiary in removing
pages by tearing them
out or re-writing the log books could only be the officers themselves.
One does not expect officers of the level of DCP and Addl. DCP
to tear out pages, manipulate, and, tamper with their log books which
are vital documents. Some
other log books of
ACPs have not been made available
, e.g. ACP, Defence Colony and ACP Hauz Khas.
These log books were not made available in spite of repeated reminders
to the office of the Police
Commissioner. Perhaps it
was not convenient for the police as they might have revealed the facts
which might have proved damaging.
7.129.
Shri Gautam kaul , Addl. C.P. had, during his visit to Defence
Colony and New Friends Colony, himself
instructed DCP(South) to register as many cases as possible for
the incidents taking place, and to create special investigation teams
in the Police Stations for the registration
of FIRs and for subsequent investigation.
However, the DCP and his staff did exactly the opposite.
He let off the criminals who were arrested by the Addl. C.P. or
who were brought to the Police Station in the presence of the Addl. C.P.
His subordinates, following the example set by the DCP, did not
even register cases or take any deterrent action against the miscreants
and at times even misled the army.
This would
explain why the situation went from bad to worse.
The behaviour of the police in general in this District , and that
of the DCO(South) and Addl. DCP in particular was deplorable and amounts
to dereliction of duty bordering
on willful criminal negligence.
7.130.
The behaviour of the DCP (South)
in going in writ against the departmental enquiry which was being
conducted by the then Addl. C.P. under the orders of the Commissioner
of Police becomes quite understandable as he was unwilling to face the
consequences of his negligence and irresponsible behaviour.
He managed to
stall the enquiry by obtaining a stay order. He again made efforts to stall the functioning of this Committee
also by going to the Central Administrative
Tribunal. The Tribunal,
however, finding no force in his application rejected the same outright
vide their order dated 16.6.1988 in the case Registration No. OA-652/88
dated 16.6.1988 copy of which is annexed.
7.131.
While suitable disciplinary
action is called for against the SHO and the ACPs who are still in service,
for dereliction of duty, the
main brunt of the break-down of the law and order in this District will
have to be borne by the DCP(South) and the Addl. D.C.P.(South) who did
not behave as officers of a disciplined force.
Their supervisory role was negative and, in fact,
acted as a deterrent to the lower formations from functioning
in an upright manner. Dr.
Sushila Nayar and Shri Santokh Singh (2363) aptly describe how the DCP
and his subordinates were functioning.
Shri Santokh Singh in despair even says that ‘they
fought these officers
who are hardened criminals in uniform duly armed by Indian law throughout
the night’.
RECOMMENDATIONS
7.132. (a)
If faith in the Administration has
to be restored, officers like Shri Chander Prakash, DCP, have no
place in a disciplined force and should be dealt with in an exemplary
manner. He appears
to be absolutely unfit to be retained in service and Government should
consider his case for being dealt with in accordance
with the provisions of Article 311 (2) (b) of the Constitution of India.
This will act as a deterrent to others in future and help in toning
up the police set-up of the Capital of the Country.
(b) As far as Shri Ajay Kumar Chadha, Addl. DCP, is concerned, suitable disciplinary action for major penalty is also recommended against him.
