BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 16 )

Name : Shri Avtar Singh Diwan
Age : 42 Years
Occupation : Business
Address : 14/39B, Tilak Nagar, New Delhi-18.

On SA

I have filed an affidavit dated 18.01.2001 before this Commission (the affidavit is taken on record and marked as exhibit No. W16/1). My affidavit may be treated as my examination-in-chief. I further say that, the mob which I had seen on 1st November, 1984 was led by persons in a tempo carrying about 15 to 20 persons. They were carrying iron rods ( Sabal ) with which they were breaking locks. The three shops in our building were looted. One shop opposite my house was burnt by he mob that was of Saini Paints. About four or five shops belonging to Chhabra family were broken upon by the mobs. Before breaking the shops the persons who were in the tempo were identifying the shops of the sikhs. One shop of a non-sikh was broken by mistake. As soon as somebody from the crowd has stated that, shop really belongs to a Hindu, then the mob had stopped looting.

I had later on come to know that three or four brother who owns Saini Paints had come to protect their shop. They had fired in the air but it had no effect on them. Those brothers thereafter taken shelter in the shop. Those brothers who had entered the shop had pulled the shutter down. While the brothers were pulling down the shutter something was thrown by one of the member of that mob, consequently the shop was set on fire. The shop was completely burnt out. I am producing the photograph of that burnt shop contained in a booklet ‘Report of Citizen’s Commission’ which is taken on record and marked as (W16/2). I had seen two policemen standing near just opposite my house. One of them had a stick with him and another had sten-gun. They had not tried to stop those mob for committing those acts. On the contrary they were just watching the acts of the mob and they were feeling happy about that.

On 2nd November, 1984 also the mob was moving with rods and swords. They also looted the remaining goods lying in those shops. Our house was spared because the people were under the impression that we were not staying there, as it was under construction. We were not living in that building for the last four years. We had shifted to that building only a month back. On 5th November, 1984 we had heard a sound of firing for about half an hour. We could make out that the military man had already come in our building. We were then asked by the police to get out of our house. We willingly left the house because we were under the impression that the military and the police had fired on the mob and that they had really come there to rescue us as they had done earlier. We had got down from our house after collecting all cash and valuables. We had lot of valuables with us as my younger brother was to get married on 7th November, 1984. After we had got down from our house the policemen had asked us to sit down on the road and raise our hands. They had snatched away the bag which contained valuables and cash. The ornaments were of about one kilo of gold and there was cash of about two lakhs. We were made to sit like that for about half an hour. The policemen had told the military personnel that one of their man was killed by us. One of the persons from the military then fired at my cousin brother Mr.Narender Singh. When my sister tried to put a bandage around the injury of my brother, one of the police officer, beat my sister on a hand with stick. Later on I had come to know that the policeman who had come there were Shri Amoth Kant and an SHO Mannan. I do not know the names of policemen who had come with them. While we were in the lockup one policemen accompanied by a military man had come there. The policeman told my father that he was being called by Mr.Amoth Kanth. My father and all the male members were taken to another room where Mr.Kanth, one Major Tyagi were also present. My father was beaten by Mr.Kanth and he was all the while, saying that how he could have a licensed weapon when you are worthless man. Thereafter my father was taken to another room. Thereafter two policemen who were there had started beating me. After about half an hour we were putup in the lock up, my cousin brother Mr. Narender Singh was taken for medical treatment. After about a week he had died in the hospital for the injury he had received. On next day after we were released on bail on 12th November, 1984 from the lockup we wanted to go home but the police advised us not to go home as the situation is tense there as there may be an attack on them again. My father had then requested the police that they wanted to go there to collect their belongings, thereupon police had agreed to take my father alone to our house. I was also allowed to go alongwith my father. There we had seen that all our belongings were either looted or were lying here and there. All the cupboards were broken and everything was in mess. The case filed against us was over after two years. My sister who was beaten by the police was about 14 – 15 years of age in the year 1984. She was made accussed alongwith us in the case filed against us. As the result of the incidence of beating and putting her in jail she was mentally upset and later on committed suicide.

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

I was about 30 years in 1984. My father had died about a year and three months back. Smt Gurubachan Kaur is my mother. I had not filed any affidavit before any other Commission or authority. Smt Gurcharan Kaur is my aunt. I do not know if Mr. Gurcharan Kaur had filed any affidavit before Justice Ranganath Mishra Commission. On 3rd November, 1984 we were taken to camp in Pahar Ganj Police Station. We had remained there till 5th November, 1984. There we were allowed to buy food and other things by our money. I do not know if the police had made any arrangement for supplying food to the people in that camp. Shri Mangal Das was residing in the house opposite to our house. It is incorrect to say that Mr. Mangal Das was working as a Cobbler. On 5th November, 1984 when we returned from the police station there was no altercation between Mr. Mangal Das and my father. It is incorrect to say that my father had told to Mangal Das that he would take revenge for Hindus for what was done to them. (The witness voluntaries that I treat myself as an Hindu). It is true that ASI Dev Raj had came to our house at 6.30 PM on 5th November, 1984 . We had called the ASI Dev Raj as we noticed that people around were shouting slogans and we had apprehended we might me attacked. We had called the police for requesting them either to take us to the police station or to provide security. I do not remember that if the police had asked us to surrender the arms etc. when they had come at 6.30 PM. The police had waited there for about 10 to 15 min. It is incorrect to say that they had waited for half an hour and we had provided tea to them. It is incorrect to say that a mob of 50 to 60 persons had collected near our house. My father had a double barrel gun, a revolver and a rifle. I cannot say that the revolver was of .0300 caliber. I cannot say what was the caliber of the rifle and the double barrel gun. I cannot say if the caliber of the revolver .3006 caliber. My father had a double barrel gun and my uncle had also one double barrel gun. Both of them had license for possessing those guns. We had not gone on the terrace of our house as the building was under construction and there was no way to go to the terrace in November, 1984. It is incorrect to say that we had all gone to terrace fully armed and had started indiscriminate firing as a result of which Mr. Mangal Das was injured and died and other five persons had also sustained injuries. It is incorrect to say that the two policemen had come thereafter and two policemen had told us to stop firing. Thereafter SHO Mannan had come there and announced on the loud speaker that we should stop firing. It is incorrect to say that inspite of the announcement we had continued indiscriminate firing. It is also incorrect to say that thereafter further police enforcement and military had come and there was exchange of firing between police and military and us. It is also incorrect to say that because of the firing by us Havalder K.P.Gurang of the army had received injury who had subsequently succumbed to injuries. It is incorrect to say that during these exchange of fire Shri Narender Singh had received injuries. It is incorrect to say that CFSL report indicated that the injuries which were received by Shri Mangal Das and Shri Gurang were from the weapons recovered from us. It is true that an offence was registered against us. [ A copy of the FIR in connection with the offence is produced by the learned counsel and taken on record and marked as (W16/3)]. I do not know if the police had recovered one .32 revolver, one .3006 spring field rifle, two 12 bore guns and 198 empty cartridges of different bores. My father had fired some shots but they were fired in the air. I do not know if my uncle had fired any shots as he use to live on second floor.

Cross examination deferred for 31st May, 2001

Read over and found correct

(Avtar Singh Diwan )                                                                                           ( G.T. NANAVATI )

29th May, 2001                                                                                                           29th May, 2001

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 16 )

Name : Shri Avtar Singh Diwan
Age : 42 Years 
Occupation : Business
Address : 14/39B, Tilak Nagar, New Delhi-18.

On SA

Witness is recalled for further cross examination.

The area of my house is about 100 sq. yards. The position of my house is correctly shown in the map and the map is taken on record and marked as Exhibit No. (W16/4). The area around point ‘B’ is not an open area but there is a tin shed and that is used as the canteen by Transport Corporation of India (TCI). Hotel Hocks is about 100 to 115 yards away from my house. The TCI building adjoining my house is taller than my house and Hotel Hocks is higher than the TCI Building. I do not know if any Kama Hotel is opposite to my house. Hari Masjid is opposite to my house. The area of the Hari Masjid is much more than what is shown in the map. We had started firing from the first floor of our house therefore we were not able to see who were outside and whether they were standing. It is not correct to say that we had fired from the terrace of our house indiscriminately and not from the first floor of our house. It is not correct to say that while we were firing DCP Amoth Kant, Major Tyagi ,two Jawans, Hal. Kishan Bahudur Gurang and Hal --- Bahudur were there on the terrace of Hocks Hotel. The said hotel is not seen from our house. It is incorrect to say that Mr.Kishan Bahudur Gurang was hit by any shot fired by us from our side. It is incorrect to say that DCP Amoth Kant had come to the Police Station. It is incorrect to say that Shri Amoth Kant had not visited Darya Gunj Police Station while we were in the that Police Station on the late evening of 5th November, 1984. We were in the Darya Ganj Police Station during the night of 5th and till 3.00 PM on 6th November, 1984. There were 16 persons who were charge sheeted by the police in the case which was registered against us. We were produced before the magistrate some time after 3.00 PM on 6th November, 1984, thereafter, under the orders of the court we were remanded to judicial custody.

No cross-examinaiton by Shri K.K.Sud, on behalf of Central Government

 

Note :

The witness states that he would like to produce two statements of Shri Amoth Kant and Maj. Y.S.Tyagi given u/s 161 Cr.P.C. to the police during the investigation in case FIR No.349 of 84, Police station Pahar Gunj as they would show that the version given by the police is inconsistent. The witness further states that he would like to produce a map showing a height of his building and the buildings of TCI and Hotel Hocks. The map is taken on record and marked as Exhibit No. (W16/5). The statements u/s 161 of CrPC are taken on record and the same are marked as Exhibit No. (W16/7).

 

Read over and found correct

(Avtar Singh Diwan )                                                                ( G.T. NANAVATI )

9th July, 2001                                                                                    9th July, 2001