( Witness No : 106 )

Name : Shri S.M. Bhasker
Age : Years
Occupation : ACP ( Cannaught Place), New Delhi
Address :

On SA

In October-November, 1984, I was posted as SHO Police Station Krishna Nagar. I am shown my statement filed earlier before this commission. I identify the signature. In the area within the jurisdiction of Police Station there were some incidents on 1.11.84. I have referred to four incidents where deaths had taken place. Apart from that, there were incidents of looting and arson also.

The FIR Nos. 478 and 479 do not relate to the incidents relating to anti-sikh riots. I was posted as the SHO very probably in March 84. I was incharge of the Police Station till 31.12.1984. I do not know who took over as SHO thereafter as I was on long leave. I do not know if any Santhosh Mohan was SHO of that PS. My full name is Sushant Mohan Bhasker.

On 31.10.84 in the evening after I had apprised about the situation, ACP Shahdara and DCP (East) had come to the Police Station and discussed about the situation and I had demanded extra force. There was a meeting of all the SHOs of the East District in the office of the DCP (East) at about 11.00 AM on 31.10.84. I do not remember if any other meeting with any higher officer was held on that day. There was no meeting where all the SHOs were called by the DCP (East) on 1.11.84.

I am not aware if the survey made by Delhi Administration reveals 33 deaths of Sikhs. I say that according to me it would be incorrect to say that 33 deaths had taken place. In fact only 14 deaths had taken place. I cannot say if during the investigation of FIR No.486/84 more than 4 deaths were reported and even that information was found to be correct. I have made the statement before this Commission based on my earlier report dated 30^th November, 1984 ( which is at page 1, file exhibit No.W88/20). It is true that whatever I have stated in my report is reflected in the statement which is filed before this Commission. My attention is drawn to the statement of one Amar Jeet Singh recorded on 2.11.84. I say that it refers to three deaths. He identified three dead bodies of Ishwar Singh, Prem Singh and Surjit Kaur and further stated that two more deaths of Asha Singh and Balbir Kaur would have taken place but their bodies were reduced to ashes. My attention is drawn to the statement of Shri Rajinder Singh recorded on 12.11.84, I say that he had referred to the death of his son namely Shri Baban Singh but he has further stated that the body was reduced to ashes. The report which I had made on 30.11.84 was made in a hurry and it was not a detailed report. I had not verified from the Investigating Officers (IOs) as to what was the correct position before I had made that report.

On 1.11.84, I had visited to Gurudwara, Anarkali. There were about 50 to 60 Sikhs inside the Gurudwara. The picket at Anarkali consisited of one Head Constable and two Constables. I have posted that picket there, after I visited the Gurudwara. One of them was armed. There was likely attack by the mob on Anarkali Gurudwara before I had posted the picket. After posting of the picket there was no such attempt by the mob because the picket there was effective. I have visited Gurudwara East Azad Nagar also. There were number of Sikhs in the Gurudwara. I had posted a picket there also. It consisted of one Sub-Inspector and four Constables. Some of them were armed. Because an announcement was made from the Gurudwara that all the Sikhs should collect at the Gurudwara and because all of them had collected there, persons belonging to other community had also collected near Gurudwara and thus there was tension. There was an attempt to attack the Gurudwara but the picket there was effective. The police had not resorted to firing as no such occasion had arisen. The police had not resorted to lathicharge as it had not become necessary to resort to lathicharge. It is incorrect to say that at both these places the Sikhs had defended themselves and therefore no incident had taken place. It is incorrect to say that I had put the picket there in order to contain the Sikhs and not to save them.

The house of Shri Swaran Singh owner of Swaran Cinema is about 200 yards from the Police Station. I had reached his house around 2.30 PM. I had seen four male members of Shri Swaran Singh family firing from the rooftop. I had about four policemen with me. Two of us were armed. I did not see any mob in front of his house. Mr. Swaran Singh and his brother had gone to Swaran Cinema and as it was set on fire at about 12.30 PM and had opened fire there but because the crowd was very big, they had to make a hurried retreat and they returned to their house and after putting their family members in one room, had gone to roof top and started firing indiscriminately. The Swaran Cinema was not within the jurisdiction of Police Station Krishna Nagar. It is incorrect to say that Swaran Cinema was not set on fire on 1.11.84 but on 3.11.84.

[ the witness volunteers and says that there was two attempts on the Swaran Cinema and the second attempt was on 3.11.84. ]

I have no personal knowledge about the firing resorted to by Shri Swaran Singh near Swaran Cinema. It is incorrect to say that he had not resorted to firing near Swaran Cinema on 1.11.84. It is incorrect to say that on 1.11.84 the cinema was not set on fire and there was only an attempt to set it on fire. The mob was near the Police Station demanding the arrest of Shri Swaran Singh because one person had received bullet injuries as a result of firing by him. The mob was not exactly near his house, it was near the police station. I have no personal knowledge as to whether the Swaran Cinema was set on fire on 1.11.84. I say this only on the basis of the investigation papers. I was near his house for about two hours as the fire brigade had not come and I had to make arrangements for extinguishing the fire and to save his family members. The house was set on fire after I reached his house. It was set on fire after one person was killed as a result of firing by Shri Swaran Singh and his brothers. As the people near by were provoked, I had appealed to Shri Swaran Singh and his brothers not to continue firing.

Question:

What steps did you take to prevent the house being set on fire ?

Answer :

As stated earlier I had asked to Swarn Singh and his family members not to resort to firing.

I had tried to control the mob which was near the Police Station. I had no control over the persons who were on the other side of his house. I had asked for fire brigade help at 3.15 PM so the house, could have been set on fire a little earlier. It is true that 9 persons were burnt alive in house. The name of the person who died due to the firing of Shri Swarn Singh is Ravi Shanker and he was residing at Krishna Nagar area. B-14/4 is about four to five minutes walk from the house of Shri Swarn Singh. I cannot say whether House No. 14/4 of the B-Block is on the Lal Quarter Road.

I do not know which inflammable material or substances were used to set Swaran Singh’s house on fire. The case after registration was transferred to Special Investigation Unit set up at the Police Head Quarters. I do not know if the IO had collected any sample with a view to find out which substance was used to set the house of Swaran Singh on fire. I do not remember when the case was transferred to Special Investigation Unit. FIR No. 482 was recorded on 1.11.84 at 2.40 PM for the incident which had happened at 2.00 PM. FIR No. 485 was recorded at 3.50 PM for the death of 9 persons in the house of Shri Swaran Singh. Shri Swaran Singh’s house is not situated on the corner plot. There is a street on the back side of the house.

One can go to the back side of Shri Swaran Singh’s house by first going to the Police Station side and then taking a turn and going to the back side. Another way is to go towards Radheypuri side and then take a turn and go to the backside. The distance between Shri Swarn Singh’s house and the corner of the J-Block towards police Station is about 200 yards. The distance between Shri Swaran Singh’s house and the corner towards Radheypuri is about 100 yards. From that corner one can take a turn and go to the backside of the Shri Swaran Singh’s house. I cannot say whether the house on the rear street had boundary walls. I had not gone on the backside of the house. First I had gone to the house of the neighbour of Shri Swaran Singh and tried to extinguish the fire. I had not entered the house of Shri Swaran Singh. I had not entered the house throughout that day. I had visited that house after 1.11.84 when Shri Surinder had called me. That must had happened after 10 days when he had returned from the hospital. I do not remember if there is a boundary wall on the back side of Shri Swaran Singh’s house. I do not know if there is a back yard on the back side of the house of Shri Swaran Singh and thereafter a boundary wall. I do not know if the mob had broken the boundary wall and then had entered the backyard and then entered the house as I was on the front side. The police had not arrested anyone in connection with this offence. I have no idea as to whether the persons who had set the house on fire were local or from outside.

On 1.11.84, I had not arrested anyone as it was not possible to arrest them. I say that it was not possible to arrest anyone as the situation was cataclysmic. I had kept my senior officers informed about the situation in my area all through. I had made repeated demands for additional force. The first such demand was made on 31.10.84. Army had come to the area in the afternoon of 3.11.84. To my knowledge no firing was resorted to by the army.

There was no incident on 2.11.84 and therefore I had not arrested anyone on that day. There could be a message in the log book that there was a fire in the Jagatpuri Market. I had not personally tried to verify but the person who had received the information must have done so. Infact if there was a fire there must have been an entry to that effect and steps taken to extinguish it but if there was no such fire there then there may not be any record to that effect. The information received on 2.11.84 that there was violence near Punjab and Sind Bank at Krishna Nagar was found to be false on verification. This information was verified by my subordinates. I am saying this from the record and from my memory also that there was no incident at Punjab and Sind Bank. As the Daily Diary register is not available, I cannot say as to whether somebody was sent to that place for verification or not.

I was going round the whole area on 3.11.84, but I cannot say definitely whether I had visited Shankar Nagar. Shankar Nagar is a big area and there is a Jhuggi colony and some other structures also. The picket was at 330 ft. Road which is near Shankar Nagar and there was patrolling also in Shankar Nagar area. On 3.11.84, I was not informed about any incident in Shankar Nagar. Probably an offence was registered on 14.11.84 wherein it was alleged that some incidents had happened at Shankar Nagar on 3.11.84. If it is so stated in the investigating papers that 20 incidents had happened in Shankar Nagar and that three persons had died in those invidents, then that that may be true.

FIR No.484 relates to the incidents of fire at Lal Quarters. I do not remember if 63 complaints were received pertaining to burning and looting of 47 shops in Lal quarters. I cannot say the exact number but many shops were burnt in Lal Quarters. It is true that in respect of these shops burnt in the Lal Quarters, only one FIR was registered that is because there was no complainant and the police had registered a complaint on his own.

Question :

To record one FIR for one area was it your own decision or you have received instructions from your senior officers ?

Answer :

It is true that in fact instructions were received from DCP that if there were no complainants and if the offence was registered on the basis of a report made by the police officer himself then only one FIR should be registered in respect of the incidents of a particular locality.

I am shown letter at page 28 of file exhibit No.W88/20 that letter was signed by me. It is true that the letter does not mention specifically the explanation which I had given now, but according to me the letter implies the same.

I cannot say whether the persons in the mob were local people or outsiders. As far as I remember my senior officers had not visited my area on 1.11.84. The ACP of my area was on leave on 31.10.84 and thereafter.

I knew Shri Virender Negi. I had not seen him in the mob on any of those days. Some people in the mob were carrying sticks, rods and such other small weapons. I had not seen mob being transported by anyone in any vehicle. I had discussion with the DCP on 31.10.84, as I had asked for extra force; there were no instructions given to me by the DCP on 31.10.84. I had explained to him how I made the particular assessment about the situation in my area.

Read over and found correct

(S.M. BHASKER )                                                                                                   ( G.T. NANAVATI )

26^TH November, 2001                                                                                             26^TH November, 2001