BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 14 )

Name : Shri Harjinder Singh
Age : 54 Years
Occupation : Business
Address : B-84/B, Amar Singh Chowk, Baljit Nagar

On SA

I had filed an affidavit before Justice Ranganath Mishra Commission. A copy thereof is show to me. I say that it is the correct copy (the affidavit is taken on record and marked as exhibit No. W14/1). My affidavit may be treated as my examination-in-chief. I further say that, On 1.11.84 when I was at my house I was told by my neighbors who had gone to local gurudwara that a mob had attacked the gurudwara. They advised me to remain inside my house. Jyoti Cloth House is about 100 Yards away from my house. The mob consisited of about 200-250 persons. They had attacked the Jyoti Cloth House and I had seen it from my house. The persons in the mob were carrying sticks and iron rods. The persons in the mob were shouting slogans ‘kill the Sikhs’, ‘burn their houses’ and ‘khoon ka badla khoon se lenge’. I was a worker of Congress-I and in the elections of 1971, I had helped the party by providing a vehicle. After my house was attacked and set on fire I had gone to the terrace from there I noticed a mob of about 500 to 800 persons. I had seen about 10 to 12 policemen standing at a short distance from my house. When the mob had attacked my house I had fired in the air. I had in all fired about 12 rounds. Each time the mob came near to my house I had fired one shot and the mob moved away from the house this continued for about a hour or one and half hour. After about hour and half DCP Shri Amoth Kant whom I knew earlier, had come there after the mob had attacked my house. The mob was still there but the DCP and the other policemen did not tried to disperse the mob. They had come near to my house around 11.45 PM or 12.00 midnight. The police had announced through the loud speaker which was attached to the police vehicle and asked to me that I should not continue to fire and I should come down and surrender the weapon. The police had not made any announcements asking the mob to disperse from that place. The police had also not told the mob that the curfew had been imposed in that area and they should go away from that place. Following the instructions given by the police I alongwith my family members had come down thereafter our house was locked up by the police and the key of the lock was given to us. I was taken to the police station. We were assured that they will take care of our house. We were taken to Patel Nagar Police Station. After taking us to the police station the DCP has told the SHO that this sardarji has resorted to firing and thus he should be locked up. Shri Amirk Singh Bhullar then had put me in a lockup and my other family members were kept in a separate room. I had told the SHO that I had fired only in the air and that to for self defence. Therefore where was the necessity of putting me in the lock up. He had told me that he had orders from superior officers that this sardarji had resorted to firing and he should be locked up. The SHO had also told me that he was helpless and it was not possible for him to render any help as he was disarmed and eve he was having with him an empty holster. In the Halawat, besides me, there were 10 more Sikhs. There was no non-sikh person in the halawat. The persons in the halawat told me that they had resisted the mob, so they were brought to the policestation. At about 9.00 PM on 2nd November, 1984 I was released by the police. Before that, my brother had come to me and I told my brother as to why I was kept there and my brother had then left. I was told by the police that some telephone call was received for releasing me and that was the reason why I was released. My brother had spoken to Mr. Kulwant Singh who was then the Private Secretary to the President of India. I was also told that Mr. Kulwant Singh had spoken to President. The President was related to Mr.Kulwant Singh. Mr. Kulwant Singh is my brother-in-law.

Cross examination by Shri S.S.Gandhi, Sr. Advocate on behalf of Delhi Police.

There was no other shop of Sardarji around Jyoti Cloth House. Therefore no other shop was burnt in that area. I do not know if the mob had attacked any other house of sardarji in that area round about 10.00 to 12.00 O’ clock. I had not seen the mob setting fire to any shop or any house in my locality on 1st except the Jyothi Cloth House which I have already referred to earlier. It is not correct to say that the mob had attacked my house at 7.30 PM and it was at 10.00 PM. It is incorrect to say that DCP, ACP, and SHO and others with the police force had reached my house at about 7.30 PM. I had closed the doors of my house from inside. It is also incorrect to say that DCP after coming over there had fired in the air and the crowd had dispersed thereafter I was asked by the DCP to come down and open my door. It is true that I and my family members were taken to the police station in the DCP car it was at 12.00 O’ clock. I do not know if any offence was registered with respect to the attack on my house in the police station at 8.20 PM on 1st. I had a double barrel gun. It is incorrect to say that in the police station I was kept with my family members in a separate room. I say that I was kept in a lockup. Police had not recorded my statement on 6.11.84 and 10.11.84. I say that only one application was taken from me by the police. On 10th I had given a list of 20 items which were looted from my house. Out of the articles looted from my house I had identified one article and it was a pressure cooker which was handed over to me. I had not given an application to the police except that the letter written by the PS to the President to Mr.Amoth Kant and that letter was presented to SHO who had written thereon that the property looted from the house of Shri Harjinder Singh should be recovered and given to him. I can produce a copy of that letter. (Some time is given to me to supply the copy). I do not remember if I had given any complaint to the police on 6.11.84 in respect of the attack on my house. I had given evidence before the Court of Shri S.S.Bal, Addl. Sessions Judge, Delhi. The case pertains to attack on my own house. I deny that what ever I had stated in my affidavit is false. It is incorrect to say that when my house was being attacked the police which was near to my house was indifferent and did nothing. On 2nd morning my family members had gone to my brother’s house on foot. The house was 500 yards away from the police station. It is incorrect to say that I was kept in the police station for my protection.

No Cross examination by Shri K.K.Sud, ASG on behalf of Central Government.

Read over and found correct

(HARJINDER SINGH )                                                                                                  ( G.T. NANAVATI )

24TH May, 2001                                                                                                                   24TH May, 2001