(Witness No: 165)

Name : Smt. Surindr Kaur
Age : Years
Occupation : House Wife
Address : C-93 C, Tilak Vihar, New Delhi.

On SA

I had earlier filed an affidavit before Justice Ranganath Mishra Commission of Inquiry. A photocopy thereof is shown to me and it bears my signature and the contents thereof are correct. I am also filing a statement today explaining my previous affidavit. It also contains some additional facts.

[The statement is taken on record and marked as Annexure ‘A’ and is to be treated as part of the examination – in – chief of this witness].

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

The Police had not recorded my statement. I had given statement in Tis Hazari Court. I had gone to that court as I was issued summons to appear before that Court. I had appeared as a witness in the Court. I had mentioned the names of the accused. All the persons whom I had named were tried by the Court.

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government.

 

Read over and found correct

(SURINDER KAUR)                                                                                                                 ( G.T. NANAVATI )
11th February, 2002                                                                                                                     11th February, 2002

 

 

(Witness No: 166)

Name : ShrI Om Bir Singh
Age : Years
Occupation : Assistant Commissioner of Police (Delhi)
Address :

On SA

 

In 1984 I was SHO, Police Station Lajpat Nagar. All the SHOs of South District Police Stations were asked to remain present at the AIIMS as Mrs. Indira Gandhi was taken there. While I was at the AIIMS, I had received a message that there were some distrubrances at Garhi within the jurisdiction of my police station and I should proceed to those places. I had received that message at 9.14 P.M. At 9.42 P.M. a message was received at the police station by me that all the SHOs should make necessary arrangements at Gurudwaras. At 10.10 P.M. another message was received that all the SHOs and ACPs to patrol in their areas with force. In view of the instructions I had made necessary arrangements at Gurudwaras and posted pickets and had gone for patrolling. There were only small incidents in the area of my police station and the police have had gone to those places on coming to know about those cases. The police also registered 5 cases in respect of those incidents. In two cases, some persons were arrested as accused. Three cases were dropped as untraced and in two cases challans were filed.

Cross examination by Shri N.S. Bawa, Advocate on behalf of Nov.’84 Carnage Justice Committee..

I am not aware of the fact that 14 dead bodies were recovered from Lajpat Nagar area; if such findings have been recorded by the Ahuja Committee I am not aware of the same. It is true that the deployment chart does not mention about any picket having been posted at the Gurudwara itself. Pickets were posted at two places. It is true that there were attacks on 5 Gurudwaras and their properties were looted and destroyed. The strength of available police force on 1.11.1984 was 98. On 31st October, 1984, there were 8 Home Guards and 98 police personnel including myself. The distance between the police post at Amar Colony and the Gurudwara in Amar Colony is about 150 yards. Some shops were also burnt in Central Market. The Lajpat Nagar Police Station is just across the road and opposite to the Central Market. No preventive arrests were made between 31st October, 1984 and 4th November, 1984. On 1st November, 1984, the police had not resorted to firing. The police had resorted to firing on 3rd November, 1984 at about 5.05 P.M. near Amar Colony as a big crowd had gathered there. It is true that the police had not resorted to firing on 2nd November, 1984. No outside force was available on 1st, 2nd and 3rd November, 1984.

Two Platoons of CRPF were received on 31.10.1984 and this force was detailed on vulnerable points. No additional force was received on 1st, 2nd and 3rd November, 1984 despite requisition been made for that purpose. It is true that two trucks with military personnel including Major Iqbal Singh had reported to the police station on 1.11.1984 at 1.30 P.M. Thereupon a message was sent from police station to the Control Room seeking direction as to what should be done. It is so stated in the Wireless Log Book of the police station. It is also true that in the Wireless Log Diary it is also stated that on 1.11.1984 at 4.55 P.M. a message was sent by the police station to the Control Room that Major Dayal Singh with 70 military man had come to the police station and that police station had sought instructions from DCP, South as to what should be done with them. It is also true that there is an entry in the Wireless Log Book on 1.11.1984 at 16.50 PM that military staff had come to Lajpat Nagar Police Station and that 1-1-13 RAC had also reached there. On receiving instructions from Control Room the RAC was sent to Harkesh Nagar within the jurisdiction of Sriniwaspuri Police Station. At 16.56 P.M. a message was received from the Control Room that the military personnel should also be sent to Harkesh Nagar. At about 17.00 hrs. a message was sent by the police station to the Control Room as the military personnel which had come earlier to the police station and which were asked to come to Harkesh Nagar had reported at the police station that there were already persons there and they have been asked to go to Ring Road, South Extension, Moolchand etc.; therefore, they were seeking instructions of the DCP as to where they should remain. A message was received from the Control Room at 19.10 hours that DCP have been vested with the powers of Executive Magistrate and therefore he will assign duties to military. I remember that DCP of my area had visited the areas within the jurisdiction of my police station but I do not remember if Additional D.C.P. had visited the area. On 31.10.1984 and 1.11.1984, SI B.P. Rana was on reserve duty. It is true that S.I. B.P. Rana had gone to Division I & II of Police Station Lajpat Nagar which includes Krishna Market on 1.11.84. He had sent a Rukka at 6.00 P.M. in respect of the incidents which included Division I & II of Police Station Lajpat Nagar on the basis of which FIR No.689/84 was registered.

I was the SHO, Police Station Lajpat Nagar till November, 1985. I knew the prominent Congressmen residing in my area. I new Tilak Raj Malhotra who was the Councilor of MCD of Congress (I) but I did not know his brother Himmat Rai and Sain Ditta. I knew Gurcharan Singh who was the Secretary of Gurudwara Sri Singh Sabha, Lajpat Nagar – 1. I know that some properties belonging to him including his cars were destroyed by the mobs. I am not aware if on the basis of the affidavit filed by Gurucharan Singh, an offence was registered in 1993 as FIR No.78 of 1993, Police Station Lajpat Nagar.

[Mr. S.S. Gandhi, Senior Advocate on behalf of Delhi police states that challans were filed in FIR 689 of 1984, 690 of 1984 and 78 of 1993. In all these cases accused were acquitted by the Court.]

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

Read over and found correct

 

(OM BIR SINGH)                                                                                                             ( G.T. NANAVATI )
18th February, 2002                                                                                                         18th February, 2002

 

 

(Witness No: 167)

Name : Shri O.P. Yadav
Age : Years
Occupation : Assistant Commissioner of Police, Greater Kailash Sub Division
Address :

On SA

On 31.10.194 I was working as SHO, Police Station Sriniwaspuri. At 9.30 AM on 31.10.84, I had come to know about the attack on Mrs. Indira Gandhi. Around noon, I had received a message from DCP(South) to reach All India Institute of Medical Sciences (AIIMS). Pursuant to that message, I reached there by about 12.10 P.M. I had remained there till 9.45 P.M. I had performed the law and order duty at AIIMS. I reached the police station at about 10.00 P.M. During the time I was there at the AIIMS performing my duty, I had come to know about the death of Mrs. Indira Gandhi. I was asked by the DCP to reach police station and make necessary arrangements for maintenance of law and order. After reaching the police station, I had called the meeting of the police officers and had briefed them about the sensitive nature of the situation and had instructed them to put pickets at vulnerable points which were identified. Steps were immediately taken and pickets were posted. As the force available with me was not sufficient, considering the nature of the past history of my area, I had sent a message to the Control Room to provide me with one Company outside force for the night of 31st October, 1984. In response to my request, 21 policemen were supplied to me. One Company of Force generally comprised of 90 policemen. I had patrolled the area during the night and because of the steps taken no untoward incident had taken place in my area.

On 1st November, 1984 at about 9.30 A.M. or 10.00 AM, I had received a message that people had gathered outside Okhla Station on Mathura Road and were indulging in stone throwing. After dispersing the crowd near the Railway Station, I had gone to Ashram Chowk as I had received a message that a big crowd of about 2000 to 3000 persons had gathered there. I had made attempts to disperse the crowd but the number of persons in the crowd went on increasing and therefore, I had to sent a message to my Control Room to sent Teargas Squad. The Teargas Squad was not sent, as it was not available. I had repeatedly asked for more force. In all four messages were sent for that purpose. I was able to disperse the crowd. The crowd was dispersed after lathi charge. I had also received a message at that time that about 60 to 70 Sikh gentlemen, residents of Hari Nagar and Baghwan Nagar, had come out of their houses and that they were having swords in their hands and were moving towards Ashram Chowk. When I reached the spot I had requested them not to move out in that manner and thereby instigate the crowds and I had assured them that I will protect their lives and properties. They had requested me to allow them to bring their taxis and trucks there near their houses from the open place where they were parkedI had provided them police assistance for that purpose. All this had happened at about 10.30 or 11.00 A.M. I used to receive various messages about the burning and looting incidents and therefore I had kept on moving according to the demand of the situation. In view of the messages, which I had sent for additional force, the DCP of my area had come to the Ashram Chowk at about 11.00 AM to 12.00 Noon. He had remained there with his force till 3.00 P.M. At about 11.00 A.M., I had also received a message that as a result of firing from the houses of Sikhs one Hindu had died and about 11 or 12 persons were injured. Except that, no other death was reported in my area on 1.11.1984. On 1.11.84, about 3 rounds were fired to disperse the crowd at Ashram Chowk near Shalimar Bridge. In all at about 10 places the police had resorted to lathi charge to disperse the crowd. About 30 Sikhs were rescued and kept in police station. As one family, consisting of 8 persons, did not want to take shelter in the police station, they were taken to Hotel Surya Sofital in my official vehicle. Many prominent Sikhs, like, Shri Charan Jit Singh, Lt. Gen. Jagjit Singh Arora, Sardar Raunaq Singh who is an industrialist, family of ex – Chief Minister of Punjab and many other prominent Sikhs were staying in the area falling within the jurisdiction of my police station. A big crowd of persons residing in Jhuggi Jhopri Cluster behind railway line near the house of Charan Jit Singh wanted to attack his house but I had prevented the attack. An attempt was also made to attack a factory known as Ranbaxy owned by a Sikh gentleman but that attack was also frustrated by the police.

On 2.11.1984, at about 7.30 P.M. , I had received a message that a big crowd consisting of 5000 persons of residents of Village Nangli Raja and Sarai Kale Khan was about to attack Gurudwara Bala Saheb. About 160 Sikhs from outside the area had come to take refuge in that Gurudwara. In order to prevent the attack on those persons and the Gurudwara and to disperse the crowd, I had used force and in all six rounds were fired; thus the mob was prevented from reaching Gurudwara. On 2.11.1984, as a result of firing by Sikhs from their houses, three deaths of Hindus were reported from Bhagwan Nagar. No untoward incident had taken place in my area after 12.10 P.M. on 2.11.1984. On 2.11.1984 also the police had resorted to lathi charge at four places. The total deaths of 8 Sikhs were reported in my area. In respect of each of these deaths separate cases were registered. On 31.10.1984 and 1.11.1984, I had not made any preventive arrests as the priority was to control the mobs and I had no time to do any other duty. The file No. Ex. W108/28 contains my report at pages 1 to 7. I had continued as SHO, Police Station Sriniwaspuri till 14th November, 1984. In all the cases, which were registered, investigations had started even while I was there.

Cross examination by Shri H.J.S. Alhuwalia, Advocate on behalf of Nov.’84 Carnage Justice Committee.

It is true that Ashram Chowk and Shalimar Bridge are two different places. The firing resorted to by the police was first at Ashram Chowk. That fact has been stated in my report (Ex.No.108/28). At present I am not able to find out an entry made to that effect in the Daily Diary Register of Police Post Sunlight Colony. I will produce the same when I am able to do so. It is true that in my report the fact that about 60 to 70 Sikhs had come out from their houses with swords is not mentioned. But that fact is mentioned in the report which gives details of date - wise incidents and action taken (that report is given Ex. No.W 167/1). It is true that no incident was reported during the night between 31st October, 1984 and 1st November, 1984. It is true that on 31.10.1984 at 10.25 P.M. a taxi stand opposite PGDAV College was set on fire and an offence was registered as FIR No.366/84 vide DD No.18A at 2.05 AM with respect to that incident. It is true that a message was flashed by the PCR on 31.10.1984 at 5.35 P.M. that about 10 – 12 persons were trying to get the shops closed in Sriniwaspuri Market and therefore somebody should be sent to that spot. That message appears at Entry No.9 of DD Register of Police Station Sriniwaspuri. No road barriers were placed as precautionary measure. No person was arrested by me on 1.11.1984. It is not true nor I am aware of the fact that the Additional Commissioner (Range) Shri Gautam Kaul had arrested 14 looters red – handed and other 40 persons from the mob at New Friends Colony and handed them over to me. It is true that Shri Gautam Kaul had visited that area on 1.11.1984 but I was not with him at that time.

It is not correct as stated by deponent Ms. Sarabjeet Kaur that I was seen by her shaking hands with the mob and talking to them and at that time car of Ms. Sarabjeet Kaur was burnt by the mob. It is not correct that I was told by Kishan Pal Singh, deponent that a dead body of a Sikh was lying in a park and dogs were eating the same. It is not correct that a dead body of Head Constable Balbir Singh was found in a park. In fact, his dead body was found on the railway track on 1.11.1984 and a case was registered in respect of his death. The body was found adjacent to the railway track. I had personally seen the body lying at that place. However, the case was investigated by another Investigating Officer and ultimately it was found that it was not a case of Anti – Sikh Riots. Whenever I had received a specific complaint for specific incident, I had recorded a separate FIR and in respect of general complaints, I had registered a common FIR. It is not correct that 20 deaths of Sikhs were reported to the police between 31.10.19 84 to 4.11.1984 as reported by Delhi Administration. In between 1st and 4th November, 1984, I had not arrested any person in respect of any offence registered at the police station as I was busy in maintenance of law and order and relief work. It is true that none of the persons taken in the police station for refuge had given any complaint to me. It is mentioned in my report that on 31st October, 1984 the Sikhs had distributed sweets. I had not seen any Sikh distributing sweets and the said statement was made on the basis of the Intelligence Report. There was no intelligence report that riots are going to happen on 31st October, 1984.

The army had come in my area on 1.11.1984. That was late in the night around 10.00 P.M. Their boarding arrangements were made in the Sun Light Colony Police post.

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

Read over and found correct

 

(O.P. YADAV)                                                                                                                     ( G.T. NANAVATI )
18th February, 2002                                                                                                             18th February, 2002

 

 

(Witness No: 168)

Name : Shri Jaipal Singh
Age : Years
Occupation : Assistant Commissioner of Police, Sub Division Daryaganj.
Address :

On SA

In October, 1984 I was posted as SHO, Police Station Mehrauli. On 31.10.1984, I was informed by DCP, South through Control Room to proceed to AIIMS. I reached AIIMS sometime in the Noon. I remained there till about 9.00 P.M. As there was message on wireless set that I should go back to my area, I had been to my police station. Messages were also received to the effect that we should remain alert in our area. No untoward incident had taken place within the area of my police station on 31.10.84.

On 1.11.1984, at about 8.00 A.M., I had received a message that there was some tension in Village Chattarpur so I had gone there. Tension had arisen because of the dispute between one Shyam Lal and one Sardar Banta Singh. Shyam Lal had lodged a complaint against Banta Singh that he had distributed sweets on 31.10.1984 after hearing about the death of Mrs. Indira Gandhi. It turned out that Banta Singh had organized a ‘LANGER’ on account of the death of his mother. In view of the tension, I had brought Shri Banta Singh to the police station for his safety. At about 10’O Clock I had received a message that there is some tension at Dairy Chowk Mahipal Pur. The Police Officer Incharge of the police post was present with his force. One Sikh family was staying in Mahipalpur and for their safety I posted two Constables at their house. Then I received a message that a mob had gathered at Taxela farm near Village Ghitorni. The farm belonged to a Sardar. There was a mob of about 1500 persons. It appeared that the mob had set the property of sardar on fire. Therefore, a cane charge was resorted to and the mob was dispersed. I had also fired three shots for that purpose. I had also send message for sending fire brigade and more force but neither of them was available. Sometime in the afternoon there was again a message from Mahipalpur. When I reached there, I was informed that some Sikhs had taken shelter in one Pandit’s house. When I went inside the house I found dead bodies of two Sikhs and three more Sikhs were injured. I had taken the injured to the hospital in my vehicle. I had also registered an offence of murder. I had received messages and pursuant to those messages I had visited those places and taken appropriate steps. All the incidents which had happened within the jurisdiction of my police station are stated in the report at pages 1 to 6 in file (Ex.No.W108/73).

In the evening I had received a message that an incident had taken place at Chatwal Farm in Village Samalkha. When I went there Additional DCP (South) was present and Chatwal and his friends were also present. Myself, Additional DCP(South) and Chatwal’s friend requested him to move to a safer place but he refused. As there was tension, we therefore, posted one ASI and two Constables armed with rifles for his security. At around 9.00 P.M. late in the evening I had received a message that there was a fire in Chatwal Farm. I, therefore, rushed to that place and found that the poultry farm was put on fire and all th e 5 members of the Chatwal family were killed. I also learned that ASI had resorted to firing but was not able to control the mob. FIR 413/84 was registered in respect of that incident. The accused in the case were subsequently arrested and a challan was filed.

In the afternoon, I had received a message that there was some trouble near the Gurudwara at Andheria Mode. When I went there I found that Gurudwara was set on fire. I had come to know that rioteous mob had set the Gurudwara on fire. About 25 children were trapped in the Gurudwara. I rescued them and took them to a safer place.

On 2.11.1984 Onkar Farm, Rajokri village was attacked by the mob. I rushed to that place. There was a mob of about 50 to 60 persons. They had damaged the property by setting it on fire in the farm. Out of them 14 persons were arrested by me on the spot. My staff and the farm labourers had extinguished the fire. Additional DCP (South) had also visited that place. There was no other major incident on 2.11.1984 or thereafter.

In reply to the question No.7 of the questionnaire, it is stated that case FIR No.402/84 was registered on 31.10.84. It is clarified that incident was not related to Anti – Sikh Riots.

I had made some preventive arrests on 1.11.1984 and subsequently also. The details thereof are contained on 37 of file (Ex. W108/73). It also contains details of the property recovered by the police. I remained SHO of that police station till November, 1985. In most of the cases investigation was completed by that time and chargesheets were filed.

[Cross examination deferred]

Read over and found correct

(JAIPAL SINGH)                                                                                                         ( G.T. NANAVATI )
20th February, 2002                                                                                                      20th February, 2002

 

(Witness No: 169)

 

 

Name : Shri Harmeet Singh
Age : Years
Occupation : Assistant Commissioner of Police, Indira Gandhi International Airport.

Address :

On SA

In October - November, 1984, I was posted as SHO, Police Station Sarojini Nagar. On 31.10.1984, at about 9.30 A.M. I had received a wireless message that I should rush to AIIMS as Mrs. Indira Gandhi was taken there. For controlling the movements of VIPS and other persons and for maintenance of law and order, I remained there till 10.00 P.M.

On 31.10.1984, in the evening, I had received a message that there was an attack on Gurudwara, Sarojini Nagar. Sub Inspector Ajit Singh had gone to that place and had saved the Granthi of the Gurudwara and had brought him to the police station for his safety. During the night also messages used to be received regarding looting and burning of the shops. On receiving such messages, the police personnel patrolling the area or present in the police station had rushed to those places and had taken appropriate steps for controlling the situation. In view of the death of Mrs. Indira Gandhi all the staff in the police station was alerted and patrolling was also arranged in the areas where there was mix population of Hindus and Sikhs. There were some incidents of burning and looting of shops on 1.11.1984. Some vehicles passing on the roads were also attacked. The report at pages 6 to 10 of (Ex.No. W130/32) contains details regarding various incidents that had taken place within the area of Sarojini Nagar police station. On 1.11.1984, when I was near Netaji Nagar Market, controlling the mob, it was noticed by ACP that the mob was very much hostile to me as I was a Sikh and therefore he had advised me to return to the police station and function from there only. No incident of murder or causing serious injury was reported in my area between 31.10.1984 and 4.11.84. I remained as SHO of that police station till May, 1985.

[Cross examination deferred]

Read over and found correct.

 

(HARMEET SINGH)                                                                                                         ( G.T. NANAVATI )
20th February, 2002                                                                                                         20th February, 2002

 

 

(Witness No: 168)

 

Name : Shri Jaipal Singh
Age : Years
Occupation : Assistant Commissioner of Police, Sub Division Daryaganj.
Address :

On SA

The area falling within Mehrauli Police Station was very large in October – November, 1984. Now that area has three police stations. While going from one village to another it was necessary to go first to Mehrauli and then go to other villages as many villages were not linked with each other.

Cross examination by Shri N.S. Bawa, Advocate on behalf of Nov.’84 Carnage Justice Committee.

It is true, as stated in my report that in all 32 vehicles were burnt between 31.10.84 to 4.11.84. According to me, the figure stated in reply to the questionnaire in this behalf is not correct. According to my report, in all 107 incidents have taken place during those days. It is true that as against question No.12 in reply to the question as to how may complaints have been received, it is stated that question cannot be answered, as no record is available. All the incidents had come to our knowledge through the various police personnel in the area. I had not come to know about them because of any complaint by any victim or victims. I had received some complaints after 4.11.84 and I had registered offences on the basis of those complaints. It is true that FIR No.405 covers more than one incident; I cannot say whether it covers 33 incidents as suggested. I can give the exact number after going through FIR and verifying from the case file. Similarly, I cannot say without verification whether FIR No.408 involves 8 incidents, FIR 410 involves 9 incidents, FIR 411 involves 16 incidents and FIR 424 involves 4 incidents. I say that Shri Jai Pal Singh was arrested in case FIR No.406 on 4.11.84 and not on 1.11.84. Only FIR is dated 1.11.84. 20.12.86 is the date of acquittal and not the date of release. Similarly, in case FIR No.413/84 the persons mentioned in question No.13 were arrested on 23.3.85 and were acquitted on 29.10.91. I say that in that column wherever the word ‘Release’ is mentioned it should be read as ‘Acquittal’. 1.11.84 is the date of FIR.

I knew the leading Congress leaders residing in the area falling within the jurisdiction of my police station. I knew that Shri Jai Pal Singh was a Congress worker. I did not know whether he had contested any municipal election. I had investigated case FIR No.419/84. I had taken all steps for identification of the dead bodies in this case. As per record, the bodies were not identified. For the purpose of identification of the dead bodies, I had informed Missing Persons Squad, Police Control Room and SSPs/DCPs all over India. In that behalf I had written letter to Incharge Crime Record Bureau (CRB) on 13.11.84 for publication in Gazette. It is true that on 5.12.84, I had received a letter from ACP, Hauz Khas wherein some instructions were given for the purpose of identification of those dead bodies.

Gurudwara Mehrauli is about 400 meters from the Mehrauli Police Station. That Gurudwara was attacked by a mob but with the intervention of police further attack on it was saved. A few shops around that Gurudwara were damaged by the mob. The incident of Gurudwara, Mehrauli is covered by FIR No.405/84. It is not correct to say that the properties which were looted from the shops were placed by the looters outside their houses on their own without efforts by the police, I say that they were recovered by the police from them. I say that the property which is mentioned as abandoned in the reply to the questionnaire was also recovered abandoned because of the efforts made by the police. It may be that the vehicles which were recovered by the police were burnt as stated in reply to question No.29.

As far as I remember, there were 5 Gurudwaras within the jurisdiction of Mehrauli Police Station. I had not specifically posted any policemen near any of those Gurudwaras but the policemen were generally directed to cover all the areas where Sikh population was there. There were about 50 farm houses of Sikhs and they were all scattered and population of Sikhs was also scattered in Mehrauli Chattarpur, Sultanpur and Gadhaipur. As per Wireless Log Book, I had asked for extra force on 1.11.84 at 11.20 A.M. and again at 14.16 P.M. and also at 18.30 P.M. and at 18.35 P.M. I cannot explain why that fact is not mentioned in the entry made in the Wireless Log Book at 11.20 P.M. I had, in fact, sent the requisition but I cannot say why that person, who had written the entry, has not written like that. I had not sent the message at 18.30 P.M. for additional force of one company only because there was an earlier message that some Sikhs were firing from the Gurudwara but it was for the purpose of general maintenance of law and order.

The version, which I had mentioned in FIR No. 413/84 was disclosed by me to others also as and when it was required to do so. It is true that in the FIR it is not mentioned that I had told Chatwal and his family to accompany me so that I could save their lives. I cannot say why it is not so mentioned in the FIR as it was not written by me. It is also true that it is not mentioned in the FIR that Additional DCP (South) had also visited that place and he had also said like that to the family of Chatwal. ASI Ganesh Tiwari was issued a Show Cause Notice for censure for lapse on his part as inspite of his presence the Chatwal family was not protected. It is true that none of those three police officers were injured during that incident. I had made a request to Chatwal in the presence of Additional DCP(South) and one Mr. Harish who was Chatwal familiy’s friend. As I was not summoned by any Court and therefore I had not deposed about that incident before any court or authority, prior to this. It is true that the police had not arrested anyone at the time of the incident covered by FIR No.403, 404, 405, 406, 407, 409, 410, 411 and 413 as our primary aim was to disperse the crowd and protect the family and their properties. The fore was not adequate and the mobs were too big.

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government.

 

Read over and found correct

(JAIPAL SINGH)                                                                                                                 (G.T. NANAVATI )
25th February, 2002                                                                                                             25th February, 2002

 

 

 

(Witness No: 170)

 

Name : Shri Vijay Malik

Age : Years

Occupation : Assistant Commissioner of Police, Crime Branch.

Address : (Then SHO, P.S. Naraina)

 

On SA

 

DCP(South) had inquired from me about the sequence of events and steps taken to control the riot, reasons for failure and suggestions for future on 27.11.84. In reply to that letter, I had given my report on 29.11.84. It is at pages 1 – 4 of file Ex..W130/44.

 

[Cross deferred for 26.2.2002].

 

 

(VIJAY MALIK) ( G.T. NANAVATI )

25th February, 2002 25th February, 2002

 

 

 

 

 

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 170)

 

Name : Shri Vijay Malik

Age : Years

Occupation : Assistant Commissioner of Police, Crime Branch.

Address :

 

On SA

 

(Recalled for cross examination)

 

 

Cross examination by Shri H.J.S. Ahluwalia, Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

It is not true that in the area within my police station Naraina 14 deaths have taken place. In fact, only 3 deaths have taken place. The preventive arrests were made on 2.11.1984. It is not correct that I had arrested all those persons on receiving instructions from C.P.(Vigilance) at about 8.00 P.M. on 2.11.84. At that time there was no CP(Vigilance). Moreover the arrests were made before 5.15 P.M.; 22 arrests were made before 5.15 P.M. and 1 arrest was made during the night. It is true that a message was received at 8.00 P.M. from DCP (Vigilance). It was a message received from Central Control Room on the basis of the directions of DCP (Vigilance). I was SHO, Police Station Naraina from 14.6.83 to 28.10.85. In case FIR No. 292/84 arrests were made on 1.12.84. On that day 4 persons were arrested. In case FIR No.293/84, 7 persons were arrested on 5.11.84. The first incident of violence in my area was reported at 1.00 A.M. on 1.11.84. It is true that it is mentioned in Case Diary that when Sub Inspector Raj Kumar had reached the place of incident the mob had grappled with him and tried to snatch away his stengun and during that scuffle three shots were fired. I had thereafter visited that place and had noticed that one sweet - meat shop was partly burnt. As this was a special report case, the report was sent to higher officials and senior officials were also verbally informed.

 

I had made requisition for extra force at 3.10 AM on 1.11.84. I cannot say now that in all 20 complaints were received under this FIR (289/84). The information was received first at 9.10 P.M. that the mob had gathered near Sabzi Market, Naraina Bust Stand and that they were throwing stones at Sardars and were about to indulge in arson. At that time, I was at AIIMS and was directed to go to that place; as I was busy at AIIMS, I had directed my force to go to that place. [The witness volunteers that information was found to be untrue.] It is true that no written entry is made regarding the fact that no incident had taken place. It is true that at 10.00 P.M., a message was received that one bus in a damaged condition was standing near Mayapuri DTC Bus Depot. I had proceeded to that place. [The witness volunteers that when he had reached there he had not found any bus there.] I cannot exactly say at what time I had reached that place. Since Daily Diary Register is not available, I cannot say whether it was mentioned in the record anywhere that no damaged bus was found. It is true that in the Case Diary of FIR No.289/84, it is stated that bus No. DEP – 5310 was found in a damaged condition opposite the Government Press, near Mayapuri Bus Depot. I cannot say at what time the bus was seized by the Sub Inspector as the record is not available. I do not remember whether I was informed about the damaged bus and whether any instructions were sought from me in that behalf.

 

FIR No.290/84 dated 1.11.84 covers more than 14 complaints. It is true that Mr. Dhan Bahadur and Bhagat Bahadur had received burn injuries and they were admitted in a hospital. As stated in the MLC, those two persons had informed the Medical Officer that they had received burn injuries at Kabari Bazar when the mob had set on fire an oil container. On 1.11.84 at 6.45 P.M, the Sub Inspector had reached Casualty Ward of Safdarjung Hospital and had examined those two persons. Their statements are there on record. That case was closed as untraced. They were physically fit for giving statement. The statement of Mr. Dhan Bahadur is at page 4 of (Ex.No.W138/47). I cannot explain why this incident was covered by the general FIR as the case was investigated by Sub Inspector Raj Kumar under the supervision of Incharge Police Post, Mayapuri.

 

The army had come in my area at 4.45 P.M. on 2.11.84. I cannot say exactly how many Gurudwaras are within the area of Naraina Police Station; very probably, there were 3 or 4. One was in C – Block. I had visited that place during the night of 31.10.84. I had visited that Gurudwara as the information was received from the police station at 9.00 P.M. that people had gheraoed the C – Block Gurudwara. I cannot say whether I had directly come from the AIIMS as many distress calls were received on that day. I had deployed force of 1 Sub Inspector, 1 Head Constable and 4 Constables there. That was the maximum force I could deploy there in view of the total available force with me. I had deployed force at various places apprehending trouble. Deployment chart is at page 5 of file (Ex.No.W130/44). I must have gone to Gurudwara between 10.00 P.M. and midnight. As stated in my report at page 6 of file (Ex.No.W130/44) I had thrice visited that place during my patrolling on that night. As far as I remember, the persons who were sent to the Gurudwara on 31.10.84 had arms with them. On 1.11.84, I had visited that Gurudwara at 7.00 AM in the morning and again between 11.00 AM and 12 Noon. There was no mob near the Gurudwara at 7.00 AM. There was no mob when I had visited the Gurudwara 2nd time. It is not mentioned in the record but as far as I remember, I had gone to the Gurudwara at about 1.00 P.M. At that time the police had already dispersed the mob. By that time the police had fired 9 rounds. According to the FIR, Gurudwara was burnt at about 12.00 Noon. The Gurudwara was still burning when I had reached that place. I had tried to save the persons who were in the Gurudwara. I and my team saved 5 persons; they were 3 males, 1 female and 1 child. We had requested certain persons, on the second floor, to come down but they did not listen to our request and by the time they jumped out they were burnt. In the absence of any record, I cannot say at what point of time the police had fired 9 rounds. Gurudwara was burnt before 12.00 Noon. I had not received any information regarding attack on the Gurudwara. The only information, which I had received, was that the mob had collected near Gurudwara. That was at about 11.35 A.M. Therefore, I had reached there between 11.30 A.M. and 12.00 Noon. By the time I had reached there, the mob had already dispersed. By that time no damage was caused to the Gurudwara. No person from the mob was injured as a result of the police firing. No police personnel were injured during that incident.

 

[Mr. S.S. Gandhi, Senior Advocate on behalf of Delhi Police points out from the records that Sub Inspector had left the Police Post at 9.50 P.M. and returned with the bus at 11.15 P.M to police post further. In FIR No.289/84, the total number of complaints were 18, In FIR No.290/84, the total number of complaints were 33 and in FIR No.294/84, the total number of complaints were 18. In FIR No.292/84, there were about 84 complaints and in FIR No.293/84, there were about 64 complaints.]

 

Challans were filed in FIRs 292/84 and 293/84. In both the cases 7 accused were put up for trial. All the accused (14), in both the cases, were convicted. In FIR No.307/84 also challan was filed. Two accused were put up for trial. That case is still pending trial. All other cases were closed as untraced.

 

No incident has taken place on 2.11.84. Some distress calls were received on that day. No incident had taken place on 3.11.84. It is true that entry made on 1500 hours states that the SHO is at the spot and force may be dispatched. I cannot say why such an entry was made. Sub Inspector had sent a message to the Control Room that nothing serious had happened and the fire in WZ – 127 was extinguished. It is not stated anywhere that the fire was as a result of an offence or it was accidental fire. There was a message from Central Control Room on 31.10.84 at 11.15 P.M. that Car No.DHB – 6735, in which there were about 5 persons, was moving around for committing the acts of arson and therefore they should be stopped wherever found. In view of the information I informed my staff to take necessary action. That car was not found in our area. I had not made any investigation or made any inquiry regarding that car as that car had not come in my area.

 

No cross examination by Shri Ashok Kashyap, Advocate, on behalf of Central Government

 

Read over and found correct.

 

 

 

(VIJAY MALIK) ( G.T. NANAVATI )

26th February, 2002 26th February, 2002

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 171)

Name : Shri Ramphal Singh

Age : Years

Occupation : Then SHO, R.K. Puram, New Delhi.

Address : Village and Post Office, Patla, Ghaziabad.

On SA

I was SHO, Police Station R.K. Puram in October, 1984. I had continued there as SHO till May, 1985. I had sent a report to DCP, Mrs. S.B. Deol. It is at pages 1 to 8 of file (Ex.W.130/82). At page 28 of the file is the movement chart.

 

Cross examination by Shri N.S. Bawa, Advocate on behalf Nov.’84 Carnage Justice Committee.

 

The report at page No.26 (Ex.W 130/82) was made by Sub Inspector Rampal Singh, Incharge, Sector – 8 Police Post. I had received the same and forwarded it to Assistant Commissioner of Police. In that report it is mentioned that 5 Gurudwaras were burnt / damaged. According to my report, 14 shops were burnt. I cannot say why in the report at page 26 it is mentioned that 29 shops were burnt. In my report, I have stated that 4 houses were burnt. I cannot say, in the report at page 26 why it is mentioned that 8 houses were burnt. The report was only forwarded by me, I had not verified the facts stated therein. In R.K. Puram Sector 1 to 13, all are Government quarters. I cannot say what is the distance between Sector – 1 and Sector – 12. Since I do not remember, I cannot say whether distance between Sector 1 to 12 is 2 Kms. I do not remember whether the Police Post in Sector – 4 was just opposite Sector – 3. It is true that Gurudwara in Sector - 3 was damaged by a mob. It is true that Mohammad Pur was adjacent to R.K. Puram. I do not remember my call sign. At that time Mohammad Pur was within the area of R.K. Puram Police Station. In view of the messages received at 1905 hrs. on 31.10.84, I had proceeded to that place. The police force was too meagre, inspite of the efforts made by the police the mob had not dispersed fully. The mob had not burnt any vehicle or car in our presence. When we had reached there, we had noticed that some vehicles were burning. I do not remember that after reaching Mohammad Pur, I had sent a message that more force may be sent. On that day, many messages were received by me regarding the incidents of rioting and arson. As I was busy in saving sardars and their property, I had not arrested anyone. I do not remember whether on 31.10.84 itself, I had asked for additional force. I used to bring to the notice of the senior officers the incidents which were taking place in the area of my police station. I do not remember if the mob had set on fire some property in Sector No.3. It is true that a message was received at 9.00 P.M. that a mob was setting on fire a property in Market of Sector – 3 of R.K. Puram.

 

On 1.11.84, I had not seen the army in my area. I had seen them only after the riots were over in my area. It is true that in the Wireless Log Book an entry is made to the effect that a message was received at 1350 hrs. on 1.11.84 that two or three vehicles with army had arrived at R.K. Puram Police station and if there were any orders. It is true that there is a further entry that DCP (South) had replied that he had no orders.

 

About 66 incidents of violence of looting and arson had taken place in the area of my police station within 31.10.84 and 4.11.84. It is true that separate FIRs were not registered in respect of those 66 incidents. No separate FIRs were registered as the other incidents were tagged on to the main incident in respect of which an FIR was registered. In all 3 FIRs were registered. I have not received any direction to register one general FIR in respect of all the FIRs. I had decided to treat the complaints, received later on, as a part of the main FIR. Sub Inspector Surinder Dev, Incharge Police Post Sector - 4, R.K. Puram registered FIR No.415. It is true that it is in respect of the incidents which had taken place in Africa Avenue, Mohammad Pur Gaon, Africa Avenue Chowk, Gurudwara Nanakpura, Taxi Stand Gurudwara Sector – 6 and many other places. All those places were within the jurisdiction of police post. The FIR No.417/84 was in respect of incidents, which had taken place in Palika Bhawan, Sector Nos.5, 6, 8 and 9 of R.K. Puram. ASI Dharam Pal of my police station registered that FIR. In all the three FIRs, the cases were closed as untraced. It is true that one case was registered as FIR No.66/85 on 8.2.85 in respect of an incident of murder which had taken place on 2.11.84. That case was also closed as untraced. FIR No. 299/93 and FIR No.382/93 were registered on the basis of affidavits filed later on and on the basis of recommendations made by Jain Agarwal Committee. They were in respect of incidents, which had taken place on 31.10.84 and 1.11.84 respectively.

 

[Mr. S.S. Gandhi, Senior Advocate on behalf of Delhi Police states that in both these cases challans were filed by the police after investigation. In case FIR No.299/84, three cases were acquitted and one had died during the trial. In case FIR No.382/93, all the accused were acquitted.]

 

It is true that it is mentioned in the report at page 26 that 22 persons were arrested u/s 188 IPC by the officer Incharge of Sectror – 8, R.K. Puram Police Post. It is true that in that report it is not mentioned specifically that it was a report made by the officer Incharge of Sector – 8 Police Post, R.K. Puram. It is true that the report at page 26 of file (Ex.No.W 130/82) does not bear any signature of Incharge Police Post but it bears the signature of Record Moharir at the police station. The report at page 176 to 179 is in respect of Police Post, Sector –4, R.K. Puram. The report at page 204 is by Incharge Police Post Sector – 8, R.K. Puram. If any offence takes place u/s 188 IPC, FIR is registered. It is true that none of the three FIRs, namely, FIR Nos. 415/84, 417/84 and 419 were in respect of an offence u/s 188 IPC. The report at page 26 was made on 21.2.84.

 

[Mr. Gandhi after verifying the record states that 22 persons were arrested in case FIR No.422/84 u/s 188. Those two persons were arrested as they had violated the night curfew in the area of Rao Tula Rao Marg on 8.11.84.]

 

Cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government.

 

I maintain that army had not come to the police station in my presence. I had seen the military for the first time on 4.11.84 or 5.11.84 when we were trying to recover the looted property. The army had helped us in recovering the looted property.

 

Read over and found correct

 

 

 

(RAMPHAL SINGH) ( G.T. NANAVATI )

27th February, 2002 27th February, 2002

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 172)

Name : Ms. Vrinda Grover

Age : Years

Occupation : Advocate

Address : N – 14A, Saket, New Delhi.

On SA

As stated in my Affidavit, which I am producing before the Commission today, I have done research study on the responses of the legal system to the incidents of violence in October – November, 1984. (The affidavit is taken on record. Copies of judgements and affidavits are also taken on record and they are collectively given as Ex. No.W172/1).

 

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

 

Whatever I have stated in my affidavit is based on a study of the judgement and I have not gone through the original record of those cases. I had inquired if appeal was filed in any case and wherever the judgements of the appellate courts wee available, I had gone through them as part of my study. I do not know in how many cases appeals were filed and were pending and information in all such cases was not available. I am aware that in the case referred to in para 12 of the Affidavit matter had gone right upto the Supreme Court. I am also aware that in the case referred to in para 15 of the Affidavit matter had gone right upto the Supreme Court.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

Read over and found correct

(MS. VRINDA GROVER) ( G.T. NANAVATI )

4th February, 2002 4th February, 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 169)

Name : Shri Harmeet Singh

Age : Years

Occupation : Assistant Commissioner of Police, IGI Airport.

Address :

On SA

Recalled for cross Examination.

Cross examination by Shri H.J.S. Alhuwalia, Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

I was posted at that Police Station in May 1983 and continued to remain there till May 1985. It is not correct to say that four deaths had taken place in the area of that Police Station. No arrests were made on 31.10.1984, 1.11.1984 or 2.11.1984. Only one preventive arrest was made till 5.11.1984. The substantive arrests were made in the cases which were registered on 5.11.1984. Whenever the need had arisen Cane charging was resorted to disperse the mob but no record has been maintained. Teargas was not used during those days. Most of the time Commissioner of Police was at AIIMS. The first incident of violence in my area had happened at about 5.55 P.M.; that was burning of Scooters in INA Market. This incident was covered by FIR No. 600/84. Four Gurudwaras were damaged on 31.10.1984. 92 complaints were received in respect of 9 FIRs, FIR No.600 to FIR No. 609( except FIR No.607 ) I had made demand for additional force on 31.10.1984. I was carrying a firearm on 31.10.1984. I had no occasion to resort to fire. I was able to disperse the mob by wielding lathis only. Gurudwara Sarojini Nagar is at a distance of 150 yards from the Police Station. On 31.10.1984 the mob had caught hold of the Granthi of Gurudwara and the police had rescued him from the clutches of the rioters and Granthi was given shelter in the Police Station for 4-5 days. The Secretary of the Gurdwara had written a letter of appreciation. I am producing a copy thereof. It is true that I did not arrest anyone because the mob consisted of 1500 people. It is not correct that no incident had happened till 10.00 A.M. on 1.11.1984. The incidents were being reported continuously from 31st night till the evening of 1st. It is true that one incident had happened on 3.11.1984 also. It is possible that the total incidents which had happened might be 5 in numbers.

 

It is true that the Gurudwara Ansari Nagar was burnt on 2.11.1984 at 8 P.M. and not on 1.11.1984. In order to protect the properties of the Sikh patrolling was going on and pickets were put at senstive places throughout the Area. As I was more concerned with the lives of Sikhs than to post Police Pickets near Gurudwara but directions were given to the police officer patrolling that area to cover that Gurudwara. The three injured referred to in FIR No. 604/84 viz. Rohtas Singh, Prithvi Singh, Sukhbeer Singh were made accused because they had received injuries from their firearms. Those victims had stated in their statement about their injuries having been sustained as a result of firing. I say so from my memory because files are not available. I do not remember if Ghurra family had told the police that they have been attacked by those three injured persons as they had thrown stones on them. The witness further states that those three persons had received injuries on account of firing by Ghurra family. I do not know if two injured Sultan Singh and Om Prakash had identified the persons who were alleged to have fired upon them. What they had stated was that the firing was from the occupants of the house. That case was investigated by ASI Shri Ram and he would be in a position to answer what steps had been taken. I cannot answer all these questions as that file is not available here. I do not know if from the investigation that Sardar was identified and he has stated in the police that those two persons were in the mob which were throwing stones and had set the house on fire. Army had come in my area on 3.11.1984 in the afternoon. They had staged a flag march.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government.

 

Read over and found correct

(HARMEET SINGH) ( G.T. NANAVATI )

4th February, 2002 4th February, 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 173)

Name : Shri R.C. Gaur

Age : Years

Occupation : Assistant Commissioner of Police, Parliament Street.

Address : N – 14A, Saket, New Delhi.

On SA

I was SHO, Police Station Defence Colony in October – November, 1984. In respect of the incidents which had taken place in the area of that Police Station between 31.10.84 and 5.11.84, I had made a report which is at pages 16 to 19 of file (Ex.No.W108/47). The movement chart is at page 1 of that file. I had continued as SHO of that police station till Nov.’85.

 

Cross examination by Shri H.J.S. Alhuwalia, Advocate on behalf of Nov.’84 Carnage Justice Committee..

 

On 31.10.84, the police, in different cases, arrested 42 persons. All the persons arrested in different FIRs were challaned and put up for trial. Those details are given by way of an answer to queston No.26 of the questionnaire. On 1.11.84, I had made 69 preventive arrests. I say that in respect of case FIR No.815/84 all the 15 accused were put up for trial. Those who were children were put – up for trial before the Children Court. Against 5 of them, only chargesheet filed was that of an offence under 411 IPC and therefore, they were separately challaned. FIR No. 815/84 is in respect of many incidents which had taken place in Kotla Mubarakpur and which were reported by ASI Bhramanand on 31.10.84 at 11.30 P.M. Without verifying I cannot say whether the FIR covers more or less than 7 number of incidents. It is possible that 21 complaints were received in respect of shops and vehicles which were looted or damaged on 31.10.84 in Kotla Murakpur. Inspite of number of incidents, police had not resorted to firing as no such necessity had arisen. I say so because no incident of killing or causing harm had taken place in the presence of police. I had also no occasion to resort to lathi charge; either they had run away or we were able to apprehend them. The incidents were continuing in the sense that the mob was going on committing those offence which later on came to me reported at 11.30 P.M. The first incident must have happened at 7.15 P.M. as it is mentioned in the FIR that all the incidents had happened between 7.15 P.M. to 10.00 P.M. In the area of Defence Colony Police Station, the first incident had happened at 7.15 P.M. It is true that at 7.05 P.M. somebody had sent an information to the police station that a crowd was standing in South Extension Market and was indulging in "Marpeet". It is also true that at 7.15 P.M. information was received from someone that 25 shops were burnt by a mob. In view of this information ASI Khushi Ram and ASI Dharam Veer were sent to verify the correctness of the information. Similarly, further information was received at 7.30 P.M. and 7.50 P.M. In respect of that also Shri Prithvi Singh was sent to verify this information. I cannot say whether that information was found correct or not by Shri Khushi Ram as that record was not available. I now say that in respect of incidents which took place at South Extension Market information was received from time to time and different officers were sent. Ultimately SI Ram Mehar returned at 11.40 PM and lodged information and the case was registered. With respect to the information received at 7.05 PM and 7.15 PM, I cannot say whether that information was correct or not as Daily Diary – B Register is not available. In respect of the information received at 7.05 SI Ram Mehar was sent and he went at 7.50 P.M. and returned at 11.30 P.M. and therefore time of incident mentioned at 7.50 P.M. I had also gone to South Extension Market after about 8.00 P.M. When I had gone there, I had seen that some shops were burning. When I had reached there some mob was still there. SI Ram Mehar was taking steps and ultimately persons who were found there were arrested. As some of them had ran away, only 10 persons could be arrested. No fresh violence had taken place after I had reached there. I had not counted how many shops were burnt as I was busy in maintaining law and order. I say that the case file discloses that about 7 shops were set on fire. It may be that in the FIR itself it is mentioned that 7 shops were set on fire. All those shops were set on fire before I had reached there. The distance between AIIMS and South Extension Market is about 1 - 1.5 Km.

 

[Further cross deferred]

 

Read over and found correct

(R.C. GAUR) ( G.T. NANAVATI )

4th February, 2002 4th February, 2002

 

--- to add here ---

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 173)

 

Name : Shri R. C. Gaur

Age :

Occupation : ACP, Parliament Street

Address :

 

Recalled for cross-examination

 

I do not know if some incidents had happened in the INA Market, Kidwai Nagar between 5.00 and 6.00 P.M. Till 8 O’clock I had not come to know about any incident within the area of my police station. As I was within the AIIMS premises controlling the mob, I had not come to know about any incidents taking place near the AIIMS crossing. I had not come to know that mob had committed some incidents near AIIMS and then Kidwai Nagar and then proceeded to South Extension. As I was inside AIIMS performing my duty there I was not informed by the officer in charge of P.S. at that time about the incidents which were reported between 7.00 and 8.00 P.M. I had remained in the South Extension area for the whole night. I had met the ACP at about 9.00 or 9.30 P.M. I do not remember whether DCP had visited that area. Probably, the Additional CP Mr. Gautam Kaul had visited South Extension. I had met the Additional CP. The CP had also visited South Extension. I had also met CP. CP might have come at about 11 O’clock. On an enquiry made by the CP, I had informed him what had happened. I know that the CP had visited Defence Colony also and I had also gone there. CP might have remained in the area in my Police Station for about half an hour. I have not personally asked CP for supply of additional force. That request was made through wireless. No one was arrested within my area in the presence of CP because the situation had already come under control by that time and some arrests had already been made. I do not remember if Additional CP Gautam Kaul had visited the area in the morning of 1.11.1984. I do not remember if he had met me in the morning of 1.11.1984 either in the police station or outside the police station.

[Mr. Gandhi says that ACP Shri Kulbhushan Kumar has now expired. The report which he had made is at pages 1-5 of file(Ex.W108/3). The witness has identified the signatures of Shri Kulbhushan Kumar].

 

 

Read over and found correct.

 

 

 

(R. C. GAUR) (G. T. NANAVATI)

5th March 2002 5th March 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 174)

 

Name : Shri Shiv Dutt Sharma

Age :

Occupation : Retired (The Then SHO P.S. Hauz Khas)

Address : 65, Uday Park, New Delhi

 

On SA

 

I was posted as SHO P.S., Hauz Khas in 1984. My reports are at pages 1-5 and 8-11 of File No. Ex W108/15. On 31.10.1984 and 1.11.1984 I was on Medical rest as I was not well. Movement Chart is at pages 13 to 18. Shri Kishan Gopal was the ACP of Hauz Khas sub division at relevant time. He has now expired. The report made by the ACP is at pages 4-6 of File Exhibit No. W108/59 and his movement chart is from pages 8-10. Another movement chart of the ACP is at pages 12-15. At pages 6 and 7 of the File is the report of Shri Anil Kumar Ojha who was incharge as SHO on 31.10.1984 and 1.11.1984. Shri Anil Kumar Ojha’s services were appreciated by the Ministry of Home Affairs and that information was conveyed by Commissioner of Police by letter dated 24.10.1991. I am producing a copy of that letter.

 

Cross-examination by Shri H.S. Phoolka, Senior Advocate, on behalf of Nov.’ 84 Carnage Justice Committee.

 

Seven preventive arrests were made on 2.11.1984. I cannot give the names of those seven persons without verifying the records. I do not remember whether all those seven persons were Sikhs. Those seven persons were discharged by Special Executive Magistrate on 16.11.1984. I cannot say whether non-Sikhs were discharged by the Special Executive Magistrate on the very next day. I cannot say after reading the names of the seven persons whether they were Sikhs or non-Sikhs. In view of the long lapse of time I do not remember whether seven persons arrested were all Sikhs. There was curfew in my area on 2.11.1984. I cannot say without verifying the records whether the curfew was there on 3.11.1984 or not. I do not remember if S.144 Cr.P.C. Proclamation was in force on 3.11.1984 or not. 17 persons were arrested from different places in the area of Saket. After those 17 persons were brought to the Police Station they were interrogated in Case FIR 906/84. As they were not found involved in that case they were released. The report in this behalf was made at about 6.30 A.M. In the same report it is mentioned that they were interrogated and they were released thereafter. The next report was made at 6.35 A.M.

 

Read over and found correct

 

 

 

( SHIV DUTT SHARMA) (G. T. NANAVATI)

5th March 2002 5th March 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 175)

 

 

Name : Shri RamPhal

Age :

Occupation : Retired (Then SHO PS Hazrat Nizammudin)

Address : C-27, First Floor, Vijeta Apartments

Sector 13, Rohini, Delhi

 

On SA

 

In October-November, 1984 I was the SHO of Hazrat Nizammudin Police Station. I had continued as the SHO of that Police Station till 1986. I had submitted a report and copies thereof which is at pages 1-10 of File Exh. No.W-108/44. At Pages 11-13 is the report made by the then Inspector regarding the Wireless Messages and the strength of the personnel available at that Police Station and that report was forwarded by me to appropriate authorities. It bears my signatures. I had submitted another report and that is at Page 22 of the File

 

Cross-Examination by Sh.H.S.Phoolka, Senior Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

It is true that the FIR No. 412/84 was not registered on 2.11.1984 as stated in the reply to the Question No.7 of the Questionnaire. In fact it was registered on 1.11.1984. It is true that only one FIR was registered on 1.11.1984. It is also true that on 2.11.1984 only one FIR was registered. The area falling within the Nizammudin Police Station is a sensitive area and after hearing about the attack on Mrs. Gandhi, I had deployed force to Bhogal area as it was quite sensitive. The total population of Sikhs in Bhogal and adjoining area would be about 30,000 at the time. In Bhogal population of non-Sikhs was less than the population of Sikhs. The police was directed to cover areas near the Gurudwara and, therefore, no incidents had happened on 31.10.1984. There were no preventive arrests on 31st, 1st and 2nd. Some preventive arrests were made on 3.11.1984. I had not seen Army in my area on 1st and 2nd. I had seen it only on 3rd. The first incident of violence in my area had happened on 1.11.1984 at about 11.30 P.M. It was in the Bhogal. At about 11 O’clock information was received that there was some trouble in Bhogal. I had not deployed pickets but mobile patrolling was done in Bhogal area. On that day only about 25 personnel were available for effective deployment. After receiving the information regarding some trouble in Bhogal, I had sought for additional force. It is true that I was not informed by the patrolling party that a mob was collecting in Bhogal. During those days Wireless sets were not provided to the subordinate officers. There were no means of direction communication. On 1.11.1984 in Bhogal in all 66 trucks, 5 buses, 7 cars, 6 taxis, 5 scooters, 10 motorcycles, 2 matadors, 1 jeep and 4 four wheelers were burnt. I cannot say whether all these vehicles belonged to Sikhs. 9 houses and 32 shops were also burnt on that day in that area. I cannot say whether all those houses or shops belonged to Sikhs. I cannot say that the houses and the shops that were burnt belonged to non-Sikhs. In all, 146 complaints were received regarding burning of houses, shops and vehicles. I do not remember if any complaint was made by a non-Sikh.

 

 

On 1.11.1984 during the incidents which had happened in Bhogal, Police had fired 17 rounds. A message addressed to me was received from our Police Station Control Room at about 2.00 P.M. that the DCP had instructed that "force may be kept in the midst of Sardars in such a manner and in case they come forward then depending upon the situation resort to firing but see that life is not lost". At 2.15 P.M. a message was received by me that additional force of 67 persons is being sent. Some of them may be detained in East Nizammudin. The message further states that such a telephone call was received. No substantive arrests were made on 1.11.1984. No incident of killing was reported in my area but it is true that five dead bodies were recovered from Yamuna River. After registering an offence the Investigating Officer had taken steps for identification of those bodies. The DCP had sent message to all the SSPs and SHOs. The photographs were also sent to all the Police Stations in Delhi. As far as I remember curfew was imposed in my area at about 6.00 P.M. on 1.11.1984. In all five substantive arrests were made on 2.11.1984 in Case No.413/84.

 

 

 

No Cross-examination by Shri Ashok Kashyap, Advocate on behalf of the Central government

 

 

 

(RAMPHAL) (G. T. NANAVATI)

6TH March 2002 6th March 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 176)

 

Name : Shri P. N. Arora

Age :

Occupation : ACP, Model Town

(Then SHP P.S.Rajouri Garden)

Address :

 

On SA

 

I had made a report regarding the incidents which had taken place between 31.10.1984 and 4.11.1984. It is at pages 23-28 of File (Ex W 139/90). I had taken steps to maintain law and order in my area and, therefore, no serious incident had happened. In appreciation of my efforts I got honoured with Saropas from Gurudwara. I had also received a meritorious certificate from the Government

 

(No cross-examination for the present).

 

 

( P. N ARORA) ( G.T. NANAVATI)

6th March 2002 6th March 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 177)

 

Name : Shri Sheodeen Singh Yadav

Age :

Occupation : ACP Punjabi Bagh

(The Then SHO P.S. Janakpuri)

Address :

 

On SA

 

I was SHO P.S. Janakpuri in October-November, 1984. I was there as SHO till February, 1985. My Movement Chart is at Pages 1-4 of File Exh. No.139/27. The Report which I made is at Pages 5-7. The details with regard to the visit of ACP and DCP are at Pages 10-11. The Report and sequence of events in the area is a Pages 14-16. [The witness gives a written statement which is taken on record and shall be read as part of his examination-in-chief].

 

Crosse-examination by Sh. H.S. Phoolka, Senior Advocate, behalf of Nov.’84 Carnage Justice Committee.

 

During the time I was SHO only 24 deaths were reported, 21 Sikhs and 3 non-Sikhs. I cannot say if in all 36 deaths had taken place as I would not know if some more deaths were reported after I had left that police Station. All those persons who were found missing were subsequently accounted for. It is not correct to say that more incidents than recorded in the FIR 525/84 had taken place in my area on 31st. On the night between 31.10.84 and 1.11.84, I had not come to know that two injured persons were taken to Ram Manohar Lohia Hospital. It is not correct to say that between 11.00 P.M. on 31.10.1984 and 9.00 A.M. on 1.11.1984 some more incidents had happened and I had not recorded them. I had received additional force at 7.00 A.M. on 1.11.1984. No preventive arrests were made on 31.10.1984 and 1.11.1984. It is true that the first arrest in FIR 526/84 was made on 7.11.1984. I cannot say how many complaints were received later on in respect of the offences covered by FIR No. 526/84. It is true that some complaints were received. As far as I remember most of the persons named in the complaints were arrested. The police had resorted to firing on 1st, 2nd and 3rd. Entries were made in respect of the firings resorted to on 1st and 3rd. It is at Entry No.21 in Daily Diary Register of 1.11.1984 of Police Post Utttam Nagar and DD No.17 dated 3.11.1984 of Police Post Uttam Nagar, DD No.62B dated 3.11.1984. I had not recorded separate instances of the incidents which had taken place on 2.11.84 and 3.11.84. They were recorded in the FIR of 2.11.84. In my area curfew was imposed on 1.11.1984 at 10.45 P.M. Part of Jail Road was not in my area of Police Station. Army had come in my area on 3.11.1984 in the evening. No incident of killing had taken place on 3.11.1984 as far as I remember. Therefore, no FIR to this effect was registered. It is false that Sikhs fired on the mob and they used to go away but the police used to bring the mob again to that place. I had not received any information from Swaran Kaur, Harvinder Singh, Jagjit Singh, R.S. Virk and, therefore, no question of my recording their statements.

 

Read over and found correct.

(SHEODEEN SINGH YADAV) (GT.NANAVATI)

7TH MARCH 2002 7TH MARCH 2002

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 178)

 

Name : Shri Ram Chander Singh

Age :

Occupation : ACP - P.G. Cell (North West) (Ashok Vihar)

(The Then SHO P.S. Punjabi Bagh)

Address :

 

 

I was SHO P.S. Punjab Bagh in October-November, 1984. I was there till March, 1985. I had made a report to the DCP dated 20.2.1985 regarding the incidents which had taken place between 31.10.1984 and 7.11.1984. {I am producing a copy of that which may be taken on record and marked Exh. No.178/1}

 

Cross-examination by Shri H.S. Phoolka, Senior Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

Punjabi Bagh Police Station had a very big area at that time. There were four police posts in my area viz. Anand Vas, Madipur, Shakurbasti, Sub-Post Saraswati Vihar. I did apprehend some trouble in the area within the police station after the assassination of Mrs. Indira Gandhi was known. I had not received any report from any source that there was going to be some trouble in my area. I had called a meeting of the officers-in-charge of all police posts within the police station and instructed them to make deployment in the area including patrolling. I had instructed them to keep a watch around the Gurudwaras. On 31st apart from five permanent pickets no more pickets were posted, only patrolling was directed. No preventive arrests were made on31st and 1st. On 31st I had not come to know about the violent incidents against Sikhs which had taken place at AIIMS. No particular incident in South Delhi was reported to me but I had received instructions from my higher officers that we should remain alert in our area. The police was directed to remain alert as regards attacks on Sikhs and their properties. For the first time on 1.11.1984 at about 10.20 A.M. I had received a message that there was an attack on Ashoka Park Gurudwara. Within ten minutes I reached at Ashoka Park Gurudwara. At that time it was burning. The mob had dispersed on our arrival. Nobody from the mob was arrested as the police was busy in protecting the inmates of the Gurudwara. Seven persons were rescued from the Gurudwara and brought to the Police Station. No substantive arrests were made on 1.11.1984. One FIR was registered on 1.11.1984. As I had received information regarding various incidents of rioting, firing, looting, burning of properties and deaths, I had registered an offence mentioning the nature of the incidents and the area from which such incidents were reported. I had mentioned my name as the first informant. The FIR was registered at 1.00 P.M. On receiving the information I had gone to those places and after coming back to the police station I had registered complaints. The various places mentioned in the FIR are about one to one and a half kms. away from each place. I had personally gone to East Punjabi Bagh, West Punjab Bagh, Raj Nagar, Anand Vas, Shakurbasti and Shri Nagar after receiving calls. As I was receiving one call after another, I had no time to register separate offences in respect of each incident reported to me. I had prepared a Rukka while I was at Anand Vas for registration of the FIR. Rukka was sent at about 12.30 P.M. No incident had happened after 1.00 P.M. on 1.11.1984. On 1.11.1984 deaths of 4 Sikhs and 5 non-Sikhs had taken place in my area. No other death was reported to me on that day. Later on deaths of 15 more Sikhs and 1 non-Sikh were reported to me. I had not seen any dead body before I had sent the Rukka. I had mentioned the fact about the deaths on the basis of information received from my subordinates. They had not informed the specific areas where the deaths had taken place. I had not verified the information which is recorded in the FIR as I was busy in rescuing people. On receiving the information regarding the deaths I had not sent any Police force to that area as police was already present there and they were taking steps. There were some injured persons whom I had rescued. All those who were injured were sent to the hospital for treatment. I cannot say whether medical certificates (MLCs) were obtained regarding the treatment given to the injured which is not in the Commission’s file. I was not the Investigating Officer of that case and I do not know about that case. I cannot verify from the records and inform the Commission in respect of how many persons’ medical certificates (MLCs) were obtained. I do not know whether said case is still pending in the court or has been disposed off.

 

It is not correct that I had registered an FIR of this nature on the instructions of my superiors. I had done it on my own. I am not aware if two more FIRs were registered at two other police stations i.e. Nangloi and Mangolpuri where the FIRs were registered in almost identical terms. It is wrong to say that I was in contact with other SHOs and my higher officers and I had written the FIR in general terms in view of the instructions given to me to that effect by my superior officers. I do not know how many Gurudwaras are there within the area of my police station. As far as I remember there were 5-10 Gurudwaras in my area. I had received information regarding attack on Gurudwara Bhagwan Das Nagar at 11.20 A.M. I do not know at what time Madipur Gurudwara was attacked but I had received the information about it after I had come to know about the attack on Bhgawan Das Nagar Gurudwara. That information was received by me at about 12.30 P.M. Information regarding the incident at Samrat Enclave was received by me at 1.00 P.M. At that time I was at Madipur. I had gone to Samrat Enclave along with ACP and Force. I had remained there along with my police force till about 4.00 P.M. The ACP was with me all the while. The DCP had come at about 2.00 P.M. I had reached Samrat Enclave within about 15 minutes. Nobody had reported between 1.15 P.M. and 4.00 P.M. any incident of violence to me which I was at Samrat Enclave. No such incident was reported at the police station also. My call sign at that time was W-10. 57 was the call sign of static set of the Punjabi Bagh Police Station. The entry in the wireless log book of Punjabi Bagh Police Station (File Ex.W139/40) was made at 1450 hrs on the basis of the information passed on by the ACP to Control Room. W-I was the call sign of the DCP. I was not with the ACP when this message was sent. Entry made at 1355 hrs. was on the basis of the information given by the ACP to the Control Room. In my presence no such message was sent by the ACP to the Police Control Room. In my presence no firing had taken place at that place. I had come to know about the firing in Samarat Enclave before I had reached that place. I had not talked to the DCP. DCP had some talk with ACP. When DCP and ACP were on the north side of the house I was on the eastern side of the house. The distance between where I was standing and where the DCP had a talk with ACP was 300 yards. In the incidents that had taken place at Samrat Enclave three deaths had taken place. The deaths were of three Sikhs. All those three deaths were covered by FIR 511/84. Some persons were injured during the incidents which had taken place in Samrat Enclave. I had gone to that place. I had rescued some Sikhs from Gurudwaras and other places. 5 persons from Thikana Sahib, 7 persons from Guru Nanak Public School, 2 persons from House No. 8 West Avenue Road, 2 from House No. 12 West Avenue Road. At 1515 hrs. I had received message from the police station that firing was going on near Guru Nanak Public School and the Chemist Shop. It was sent to the ACP and DCP also. At 1517 hrs. again a message was received from the DCP Control Room that two platoons additional force had been sent to the Punjabi Bagh area. At 1525 hrs the police station had informed the ACP that two platoons had arrived at the police station and had enquired as to where that should be sent. At 1530 hrs. the Police Station sought directions from the DCP, ACP and myself as to where the two platoons should be sent. At 1535 hrs. ACP had sent message to the Police Station that incharge police station Madipur should proceed with additional force to the Guru Nanak Public School. It was also reported that incharge police post was not available at the post and that he was in the area. Till about 1553 hrs. incharge of that police post could not contacted. At 1610 hrs. there was a message from P.S. Control Room to me that, as pointed out earlier, firing was going on near Guru Nank Public School and that police post incharge was not still traceable. At 1623 hrs ACP had informed police station that he had completed the action at Samrat Enclave. That he had fired and persons were taken out. Now he was going to Guru Nanak Public School. Thereafter no information was received from the Police Control Room regarding Guru Nanak Public School. I had reached Guru Nanak Public School at about 5.00 P.M. Guru Nanak Public School was not burnt. Gurudwara adjacent to it was partly burnt. One shop of a Chemist and some houses were also burnt. I had not come to know that Guru Nanak Public School was burnt. There could have been a minor fire.

 

( Further Cross-Examination deferred to 8.3.2002)

 

 

(RAM CHANDER SINGH) (GT.NANAVATI)

7TH MARCH 2002 7TH MARCH 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No: 178)

Name : Shri Ram Chander Singh

Age : Years

Occupation : ACP, P.G. Cell (North West), (Ashok Vihar)

(The then SHO, Police Station Punjabi Bagh)

Address :

On SA

Recalled for cross examination by Ms. Kamna Vora, Advocate

 

My report in file (Ex.No.139/12 ) relates to the incidents of 1.11.84 and 2.11.84. My report was for the whole day of 1.11.84. Only one incident had happened on 2.11.84 that was in the early morning. In respect of this incident I had registered an offence on 14.11.84 after receiving a complaint from the owner of the vehicle. No other incident had happened on 2.11.84 and 3.11.84 in my area and therefore, no FIR was registered. It is true that between 31.10.84 and 4.11.84, only one FIR was registered. It is not correct that on 3.11.84 Shivaji Park school was set on fire by unruly an mob. It is true that till 3.11.84 I had not made any substantive arrests.

 

It is true that a departmental inquiry was initiated against me. The allegation against me in that inquiry was that I had not prevented the riots by resorting to lathi charge, Tear Gas or firing and for not enforcing the order passed under Section 144 Cr.P.C. I was exonerated in that inquiry.

 

The incident near Gurunanak School had happened in the morning. A message to that effect was received at 1.15 PM from the PCR Van. It was mentioned in that message that firing has already started in the Punjabi Bagh West Avenue Road. Earlier, the message that was received was that a big crowd had attacked the shops and houses of Sikhs and that shops were burnt and that PCR van was surrounded by a mob. I do not know if the answer to question No.15 of the questionnaire that the police had resorted to firing at 3 places on 2.11.84 is correct or not. I do not remember if in fact the police had resorted to firing at 3 places on that day. As the ACP was accompanying me on all these days, I had not resorted to firing nor I had ordered for firing as ACP, being the higher officer, used to direct the subordinates to do so. I remember that the police had to resort to firing at Samrat Enclave, Raj Nagar. It was sometime after 1 PM. I do not remember how many rounds were fired as the record discloses 5 rounds were fired by the officer Incharge of the police post, Anandvas. In all on that day 43 rounds were fired between Raj Nagar and Shrinagar 7 rounds were fired at Punjabi Bagh Extension and 6 rounds were fired at Road No.41, Pujabi Bagh. I do not remember if I had resorted to lathi charge at any of the places on 1.11.84. On 2.11.84, lathi charge was ordered on mob which had collected on the Ring Road. I do not remember if any Tear Gas shells were fired while I was present at the place of the incident.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

Read over and found correct

(RAM CHANDER) (G.T. NANAVATI )

8th March, 2002 8th March, 2002

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 179)

Name : Shri Jai Bhagwan Malik

Age : Years

Occupation : Assistant Commissioner of Police (Security)

Address :

On SA

I was posted as SHO of Subzi Mandi Police Station at 6.00 AM on 1.11.84 while the riots were going on within the area of that Police Station. Before that Inspector Gurmail Singh was Incharge of that police Station. In respect of the incidents which took place between 1.11.84 onwards, I had made reports. The said report and relevant information are at pages 1 to 9 of file (Ex.No.W128/29). I had remained SHO of that Police Station for about 2 years.

 

Cross Examination by Shri N.S. Bawa, Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

The answer to question No.16 of the questionnaire is correct. According to me it is not clearly stated in FIR as to whose bullet has hit Sandeep Sethi. I cannot say if Sandeep Sethi had received injury and subsequently died because of the firing done by the mob and not by the police.

 

[Mr. S.S. Gandhi, Senior Advocate on behalf of Delhi Police points out from the record that the investigation discloses that as a result of the firing by the mob Sandeep Sethi had received injuries and subsequently died and three persons were arrested on that evening.]

 

As far as I remember, no incident had taken place in the Indira Market on 1.11.84. No incident had taken place on the Main Bazar Road on 1.11.84. No incident had taken place even on 2.11.84 in Indira Market but one incident had taken place on the main Bazar as disclosed by FIR No.637/84, Police Station Subzi Mandi. It is true that at 9.02 AM in the morning of 1.11.84, I had received a message that one car in Indira Market had been set on fire. But according to me, the said incident had happened not in Indira Market itself but at the ‘NUKKAR of Gali Chaudhary Sunder Singh’ which is adjacent to the Indira Market. It is true that information was received at the Police Station as stated in the entry made at 9.10 AM in the Wireless Log Book Register that the mob was stoning shop in the Indira Market. No incident had taken place on Roshan Ara Road on 1.11.84 and 2.11.84. It is true that the Indira Market is adjacent to the Police Station. Malka Ganj Gurudwara is about 750 meters away from the police station. Kabir Basti is between these two places. If one comes from Gurudwara Malka Ganj, one has to pass through Kabir Basti. There was no picket in Kabir Basti. I had posted one picket at Kabir Basti on 2.11.84 as some incident had take place there. I do not remember if I had posted the picket in morning but it was soon after the incident. It is true that a message sent by the Police Control Room was received by the static set of my police station at 1912 hrs on 1.11.84 that a message was received by the PCR that a group of 250 – 300 Sikhs had collected at Malka Ganj Gurudwara and their aim is to burn Hindu Mandirs (Temples) at night. The message was also received to send force at Malka Ganj Gurudwara. Police Station in turn informed the Control Room that force has been sent to Malka Ganj Gurudwara. The Police Station had informed me to reach the Malka Ganj Gurudwara. Thereafter, some police officer informed the police station static set that the Malka Ganj Gurudwara was checked and that nothing is there. It is not true that the killing of 10 Sikhs took place while I was proceeding to Malka Ganj Gurudwara. In the FIR No.639/84 the time of the incident mentioned is about 6.00 P.M.

 

[ Further cross deferred]

 

Read over and found correct

(JAI BHAGWAN MALIK) (G.T. NANAVATI )

8th March, 2002 8th March, 2002

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No: 180)

Name : Shri Yashvir Singh

Age : Years

Occupation : Assistant Commissioner of Police, Vivek Vihar

Address :

On SA

In October – November, 1984, I was SHO, Police Station Ashok Vihar. I am shown pages from 2 to 14 of file (Ex.No.129/70). They contain my report and it bears my signature. I was the SHO of that Police Station till 1986. At page 1 of that file is the report made by Moharrir (Record) of Police Station Ashok Vihar. At the relevant time Shri Mahavir Singh was the Assistant Commissioner of Police of that area. Pages 1 to 4 of file (Ex.No.W129/69 ) contain the report made by the ACP.

 

Cross examination by Ms. Kamna Vora, Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

It is true that I have not mentioned any date on the report which I had made. The distance between Ashok Vihar Phase – I and Ashok Vihar Phase – II is about 50 Ft. and there is only a road in between two. The road between Phase – I and Phase – II is about 40 to 50 ft. wide. The police station is situated in Phase – I. I had not received any intelligence regarding the likelihood of violence within the area of my police station but on my own I had apprehended that some such incidents might take place. I had, therefore, posted some pickets, directed patrolling of the various areas. The pickets were posted in Wazirpur Industrial Area, Shakoorpur JJ Colony, Phase – I (Near Market and Gurudwaras). In Phase – I, it was near market under the Gurudwara. As far as I remember no preventive arrests were made on 31.10.184 and 1.11.84. There was no incident on 31.10.84.

 

The first incident on 1.11.84 had taken place at about 10.00 AM. It was near the Gurudwara situated in Phase – I of Ashok Vihar. It was in the Gurudwara. As mentioned in FIR No.503/84, the Gurudwara was set on fire. The distance between Gurudwara and Deep Cinema is about 150 meters. The Deep Cinema is almost adjoining the police station. From the FIR it appears that the incident near Deep Cinema had happened before the burning of Gurudwara. According to my report, while I was at the Gurudwara, I had received a message that an incident had happened at Deep Cinema also. I had gone to Deep Cinema also. When I had gone to Deep Cinema, I had found that it was burning and one person was trapped on the terrace of that building. I got that man rescued and other persons who were in that building. The police had resorted to lathi charge and had also fired one round near Deep Cinema. The D.C.P.(North) had also come at that stage and under his order one Tear Gas shell was also fired. In the building of Deep Cinema and around, there is a market and in all about 100 shops are there. As far as I remember no shop was burnt. I do not remember if any shop was looted. The Silver Plate Restaurant is in Phase – II near Railway Flyover. As stated in FIR that restaurant was also burnt. I do not remember if the police had resorted to firing at that place also. Satyawati Colony is in Phase – III. I do not remember if I had gone to that place but on receiving the information I had directed my staff to go there. It is true that in FIR No.503/84 the time of occurrence is mentioned as 10.15 AM to 3.00 P.M. It is true that in the FIR the place of incidents are mentioned as Phase – I, Phase – II and Phase – III and others. It is true that before the FIR in respect of the various incidents which had taken place at different places was recorded, information had reached the police station for occurrence of those incidents but my explanation for recording one FIR is that the police was busy in maintaining law and order situation and therefore after making DD entries the police had rushed to those places and later on, on the basis of the report made by Jagdish Prasad who had chased the crowd, an FIR was registered. It is true that on 1.11.84 only two FIRs were registered. No offence was registered on 2.11.84. On receiving the information, recorded the incident referred to in FIR 505/84, I had reached that spot within about 10 to 15 minutes. The mob had already set on fire one hut. The mob was still present and to disperse the mob I had resorted to lathi charge and had fired one shot. It is true that, as stated in FIR, one dead body was found there.

 

The curfew was imposed in my area during the night of 1.11.84. I do not remember the exact date when the army had come in my area, very probably it was on 3.11.84. There were about 3 to 5 Gurudwaras in Ashok Vihar. In all 3 FIRs were registered in respect of incidents within the area of my police station between 31.10.84 to 4.11.84. One more FIR was registered in the police station in respect of persons who had committed breaches of the curfew order. That FIR is dated 9.11.84.

 

It is true that at that time ASI Mange Ram and ASI Raja Ram were working under me at that police station. I do not know if any departmental inquiry was initiated against them. I have not heard the name of Ram Chand Nagoria.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

Read over and found correct

 

 

 

 

(YASHVIR SINGH) ( G.T. NANAVATI )

11th March, 2002 11th March, 2002

 

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(Witness No:179)

Name : Shri Jai Bhagwan Malik

Age : Years

Occupation : Assistant Commissioner of Police (Security).

Address :

 

On SA

Recalled for cross examination by Shri H.S. Phoolka, Senior Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

After seeing the Log Book I cannot say what was my call sign. I do not remember the call sign of the Wireless Static Set which was at that police station but after referring to the police station Log Book, I can say that it is No – 72 (November – 72).

 

FIR No.635/84 covers the incidents which had taken place at Main Gate Gulabi Bagh and Workshop Market. FIR 636/84 covers the incidents at Old Rohtak Road, Kishanganj Market, Pratap Nagar Road and Chishti Chaman Bhagat Singh Marg. As far as I remember I had gone to Malka Ganj Gurudwara. FIR No.639/84 is in respect of incident which had happened at Kabir Basti. As far as I remember, no Gurudwara was burnt and 10 persons were burnt alive. I do not remember the exact number of houses set on fire. Therefore, I cannot say that in all 13 houses were set on fire. Those persons were burnt not on the main road but inside a narrow lane leading to Hindu Rao Hospital in Kabir Basti. It is not true that the investigation of this case discloses that the persons were burnt on the main road. Since I had not prepared the plan, I cannot say whether the plan prepared by the concerned official shows that the bodies were burnt on the main road. The map at page 663 in case diary was prepared on 2.3.93 by the ACP (Riot Cell).

 

On 1.11.84, I had taken charge of that police station. I did not know about the Malka Ganj. It is not true that there was a fire in Indira Market on 1.11.84 around 9.00 AM and that it had continued till 2.00 PM in the afternoon. The FIR, which was registered in respect of that incident, is 634/84. That was in respect of murder of one Hindu. There was no incident of burning of any shop in that Gali. In the Log Book, it is mentioned that N – 3 had sent a message to 50 (District Control Room) that there was a fire in the Indira Market and fire brigade be sent. It is not true that any message regarding fire in Indira Market was received in the police station. I cannot say whether file (Ex.No.W128/30) is the Log Book of the Subzi Mandi Police Station. It is true that in File (Ex.No.W128/30) it is recorded that N – 3 had sent a message to 50 to the effect that there is a fire in the Indira Market and that fire brigade be sent. I do not know whose call sign was N – 3. It is true that at 9.45 AM an entry appears in that Log Book that ACP had sent a message to the District Control Room that within the area of police station Subzi Mandi there are incidents of fire and looting, therefore, additional force may be sent. It is true that an entry also appears made at 11.20 AM that it has been disclosed by the Duty Officer Subzi Mandi Police Station that there is a fire in the Indira Market and that fire brigade be sent. As stated in the DD entry, ASI Dharam Chand was the Duty Officer at that time. It is true that there is one more entry made at 11.20 AM to the effect that a message was sent from the Static Set to the Control Room ---- that the Duty Officer informed that the fire is spreading in Indira Market and that Additional Force and fire brigade be sent. One more entry made at 12.20 P.M. from 23 to 72 states that there is a huge fire in Indira Market and fire brigade be sent. It is also true that it is so written at 12.20 PM in the Log Book that G – 1 and G – 3 had been informed about the fire and force. It is also true that there is one more entry in the Log Book made at 1350 hours from the Static Set to the Control Room that message was received from O – 3 that the fire was spreading in Indira Market and that fire brigade be sent immediately. I do not remember if I had gone to India Market on 1.11.84 either in the morning or in the afternoon. It is true that no incident had taken place in Indira Market on 1.11.84 and therefore no such FIR was registered. I cannot say if some complaints were received in respect of FIR No.633/84 as that case was registered by Inspector Gurmail Singh and was investigated by him and some other officers. If anbody had presented any written complaint to me after I took over charge then I must have taken appropriate action on it or registered an offence. After looking at the record I say that no such complaints are there in the record. I cannot say whether your suggestion that there was an incident of fire in Indira Market on 1.11.84 and that in respect of that large number of complaints were received at the police station after I took over charge and yet the police had neither registered FIR on the basis of those complaints nor attached them with FIR No.633/84 is correct or not. It is true that in the Case Diary of Sub Inspector Ram Swaroop, who was the Investigating FIR No633/84, it is stated that some complaints were received with respect to the incidents which had happened on 31.10.84 and 1.11.84 but that was in respect of incidents which had taken place at Aryapura. It is not correct that Aryapura is adjacent to Indira Market. According to me there are various galis in between with other names. It is true that at page 155 of Case Diary of FIR No.633/84, Case Diary No.16 mentions complaints received from residents of various places including Indira Market regarding the incidents which had taken place on 31.10.84 and 1.11.84.

 

Read over and found correct

[Further cross deferred]

 

 

(JAI BHAWAN MALIK) ( G.T. NANAVATI )

11th March, 2002 11th March, 2002

 

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No:181)

 

Name : Shri J.C. Sharma

Age : Years

Occupation : Assistant Commissioner of Police (Retd.)

(Then SHO, PS Tilak Nagar)

Address : C-196/8, Jeevan Park, Uttam Nagar, New Delhi – 59.

 

On SA

 

 

I was SHO, PS Tilak Nagar in October – November, 1984. I had continued there till September, 1985. At that time Shri Jagmal Singh Rao was the Assistant Commissioner of Police. Pages 1 to 4 in file (Ex.No.W 139/60) contains the MSovement Chart of Assistant Commissioner of Police. His report is at pages 5 to 8. On page 13 is the list of cases registered at Police Station Tilak Nagar. My movement chart is at pages 15 to 19. Hari Nagar Police Post was under Tilak Nagar Police Station. Sub Inspector Joginder Singh was the Incharge of that Police Post. His report is at page 21. It bears his signature. At page 36 is my another report which I had submitted to Assistant Commissioner of Police (Intelligence), Police Headquarters. At pages 41 to 47 is my another report regarding sequence of incidents and availability of force.

 

Cross examination by Shri H.J.S. Alhuwalia, Advocate on behalf of Nov.’84 Carnage Justice Committee..

 

Hari Nagar Depot and Lajwanti Chowk was within the jurisdiction of my police station. Mayapuri road was not within my area but part of Mayapuri was within the jurisdiction of my police station. The distance between Kachha Tihar and Chand Nagar Gurudwara road crossing was about 1 Km. The distance between Chand Nagar Gurudwara Road Crossing and Tagore Garden is 1 – 1.5 Km. Distance from Chand Nagar Gurudwara Road crossing to Raghbir Nagar is 1 Km. Tagore Garden and Raghbir Nagar were not within my police station.

 

In my area no incident had taken place on 31.10.84. The first incident had happened on 1.11.84 in the afternoon at about 1.00 P.M. In view of the information regarding that incident and other incidents submitted by SI Satpal, FIR 442/84 was registered at Police Station at 7.20 P.M. It is not correct that 10 persons were arrested in connection with that FIR and out of them 9 were Sikhs and one was Hindu. It is true that 10 persons were arrested at the spot but I cannot say whether one was a non-Sikh. I cannot positively say whether the other 9 persons were Sikhs even though the word ‘Singh’ appears after each one of them and against their fathers’ name also. I do not remember if I had seen them when they were brought to the police station as I was in the area. As the SI was competent to arrest the accused, it was not necessary to inform me about the arrest. I do not remember if I had seen them even on the next day when they were taken to the Court. The file which is shown to me is only a police file not a judicial file, the conviction slip will be in the judicial file. The Log Book maintained by the Wireless Static Set Operator at the police station contains an entry made at 2155 hours to the effect that two scooters had been burnt at Hari Nagar. It was really an inquiry made by the District Control Room from Assistant Commissioner of Police. My attention is drawn to entry made at 2130 hrs. It refers to some incident which took place at Pankha Road and Lajwanti Chowk. I say that Pankha Road is not within the area of my Police Station. Lajwanti Chowk Road was not within the area of my Police Station. The entry made at 1135 hrs. on 1.11.84 was on the basis of my information to the District Control Room. The incident had happened within the area of Janakpuri Police Station. I do not remember if Gurudwara in Mayapuri was area falling within the area of my police station. The entry made at 12.11 P.M. on 1.11.84 is an entry in respect of burning of a bus at Hari Nagar, Jail Road. It was a message conveyed by W - 12 to District Control Room. My call sign was W – 15.

 

I cannot say at what time the Sub Inspector had arrested 10 persons mentioned in FIR No.442/84. I do not know what those 10 persons were doing as I was not present there. I cannot say whether the suggestion that they were trying to save their property is correct or not. I cannot say at what time those 10 persons were arrested. I had not visited the place of incident referred to in FIR No.442/84.

 

Only one FIR was registered on 1.11.84. In FIR No.443/84 recorded on 2.11.84, 16 persons were arrested. I cannot say whether all of them were Sikhs. I do not remember if I had seen them at the police station. The Sub Inspector Sumer Singh had arrested them. According to the FIR the incident had happened at about 12 Noon. It is true that no incident, which require registration of FIR, had happened between 7.00 P.M. on 1.11.84 and 12 Noon on 2.11.84. After going through FIR No.443/84 I say that no other incident are covered under this FIR. This FIR is in respect of attack on SI Shiv Prasad of Delhi Home Guards and others. Even after looking at the police file of FIR No.443/84 I am not able to find other complaints regarding looting. As I as not present at the place of the incident I cannot say whether those 16 persons were trying to save property of the Gurudwara and other persons. The information, which is stated in reply to question No.9, is correct. That information is also mentioned on page 40 of file (Ex.No.W139/61). All those incidents are of 1.11.84.

 

FIR No.444/84 was made on the basis of the report made by ASI Atar Singh. I had not investigated that FIR. ASI Attar Singh had investigated it. As mentioned in FIR, one person was arrested. His name, as stated in the FIR, was Harbans Singh Lamba. It is not mentioned in the FIR whether he was Sikh or not. I do not know whether he was a Sikh. I do not remember if I had seen him in the Police Station. I do not remember if any such complaint was made by that person against me to the effect that I had gone to his house and arrested him. As the concerned record is in Urdu, I cannot say how many substantive arrests were made apart from the persons arrested on the spot between 31.10.84 and 4.11.84. I do not know Urdu. The first preventive arrest was made on 3.11.84. The details regarding preventive arrests are at page 40 of file (Ex.No.W139/61). Only one person was arrested on 3.11.84. The next preventive arrests were made on 12.11.84. Three persons were arrested on that day. On 14.11.84, 2 persons were arrested. On 15.11.84, 1 person was arrested.`

 

I was promoted as ACP in September, 1989. I do not remember at what time the curfew was imposed in my area.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

 

Read over and found correct

 

(J.C. SHARMA) ( G.T. NANAVATI )

13th March, 2002 13th March, 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No:179)

 

Name : Shri Jai Bhagwan Malik

Age : Years

Occupation : Assistant Commissioner of Police (Security.)

Address :

 

On SA

 

Recalled for further cross examination by Shri H.S. Phoolka, Senior Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

My attention is drawn to file (Ex.No.W128/35) which is the Case Diary of FIR No.633/84. At page 147, it is mentioned that the Reader of the SHO had given complaints to the Investigating Officer regarding the loss suffered by the complainants on 31.10.84 and 1.11.84. Since the numbers are not mentioned, I cannot say how many complaints were received. They might have been 81. As mentioned at pages 147 to 153, those complaints were received on 23.11.84. These complaints do not contain the places of incidents. I cannot say if those complaints were received in writing as they were not submitted to me at any point of time. It is true that my Reader had given those complaints without my knowledge as many times such documents are passed on by the Reader to the SHO to the concerned Investigating Officer. It is true that the Jimni / Case Diary bears my signature as a forwarding officer. Those complaints have not been annexed to those Jimnis’ / Case Diaries and they do not appear in the file (Ex.No.W 128/35). Since the Jimnis / Case Diaries were forwarded in routine manner, I had signed them without reading them. These Jimnis / Case Diaries are forwarded to A.C.P. It is true that at page 155 it is mentioned that the Reader of the SHO had handed over certain complaints to the concerned Investigating Officer on 24.11.84 pertaining to the incident of 31.10.84 and 1.11.84. I cannot say whether they were 80 in number. I had not counted them as no number is given in the police diary. Those complaints do not appear to be attached to the Case Diary. It is true that Jiminis / Case Diaries bears my signature as forwarding officer. I cannot say, even after looking at the entry made in Log Book, whether my call sign was N – 23. It is not possible to say , on the basis of the entries made in the Log Book whether it contains any message sent by me to any authority. In my report file (Ex.No.W 128/29) in answer to question No.5 it is stated that repeated demands were made for additional force. That becomes clear from my Log Book. I say that those Log Books could have been Roznamcha or any other book which were kept by the Duty Officer of the Thana. It is true that ordinarily Roznamcha is not described as Log Book. It is true that there is no particular register which is described as Log Book but there are many registers kept at the police station. It is not correct that only the book containing the wireless message and details regarding vehicles are called Log Books.

 

SHO has his own wireless operator and he maintains a separate register containing the messages sent by the SHO. Such Log Books are kept in police station and therefore Log Book maintained by the Wireless Operators would be in Thana. Even after looking at entry made at 0005 hrs. on 4.11.84 at page 116, I cannot say that my call sign was N – 23. Since I was not SHO on 31.10.84, I cannot say if 90 persons were arrested on that day. In FIR No.636/84, two persons were arrested as accused on 1.11.84. I cannot say exactly at what time they were arrested. In FIR No.635/84, the three accused were arrested on 9.11.84 as per Case Diary. As far as I remember, a question was raised in the Parliament in respect of FIR No.636/84. I do not remember which Member of Parliament had raised the question. No information was sought from me by anybody in connection with the Parliament Question but to my recollection Vigilance Officers used to come to the Police Station making inquiries relating to that question. I cannot say what exactly was the complaint made by the Member of Parliament. Gurmail Singh, the then SHO, PS Subzi Mandi on 31.10.84 and Kewal Singh, the then ACP, Subzi Mandi are Sikhs.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government..

 

Read over and found correct

 

(JAI BHAGWAN MALIK) ( G.T. NANAVATI )

13th March, 2002 13th March, 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No.182)

 

Name : Shri Ved Prakash Gupta

Age : Years

Occupation : Assistant Commissioner of Police (FRRO)

(Then SHO, PS Moti Nagar)

Address :

 

On SA

 

In October – November, 1984, I was the SHO, Police Station Moti Nagar. The relevant details are contained in the report of the ACP which is at pages 6 to 10 file (Ex.No.W139/54). The detailed chart describing my movement on 31.10.84 as SHO is at page 7 of file (Ex.No.W139/52). The details regarding sequence of events are contained at pages 10 – 13 of file (Ex.No.W139/52). My services during those days were appreciated by the Sikh community. I am producing photographs to show how I was honoured by them.

 

[No cross for the present]

 

Read over and found correct

 

(VED PRAKASH GUPTA) ( G.T. NANAVATI )

15th March, 2002 15th March, 2002

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

 

(Witness No.183)

 

Name : Shri R.S. Dahiya

Age : Years

Occupation : Assistant Commissioner of Police (Crime)

(Then SHO, PS Magolpuri)

Address :

 

On SA

 

In October – November, 1984, I say was the SHO, Police Station Mangolpuri. The file (Ex.No.W.129/2) contains my report regarding sequence of events and my movement during those days. They are at pages 9 to 17 and 106 to 115. ACP Shri J.K. Saxena was my immediate officer at that time.

 

Cross examination by Shri H.S. Phoolka, Sernior Advocate on behalf of Nov.’84 Carnage Justice Committee.

 

 

I had continued to be SHO, PS Mangolpuri till 18.02.85. On 31.10.84, I had entertained an apprehension that an untoward incident may take place in the area of my police station. I had directed my officers to be on look out for collecting the intelligence. Everything was reported normal. I, therefore, did not make any preventive arrest on that day. I had not posted anyone near Gurudwara but I had ordered my staff to patrol the areas. I had not arrested anyone between 31.10.84 and 3.11.84. I had visited the places which are mentioned in FIR No.174/84. I had sent a Rukka at 1.20 PM for recording a FiR in the police station. I had sent it while I was in S – Block. I had not returned to the Thana soon after but I had visited various places thereafter. After sending Rukka, I had gone to B – Block and then at about 2.10 to Q Block and to various places till night. I returned to police station at 1.30 A.M. during the night. When I had gone to S – Block and till the time I had sent Rukka, there was a mob there at that time. After I had gone there, the police was able to disperse the crowd. I had not seen any incident of killing or burning but it is true that one or two shops were burning at that time. After sending Rukka, I had gone to B – Block. When I had reached B – Block, I had seen mobs at that place also. The mob had indulged in violence and what I had seen was that a three – wheeler was burning at that place. Even at the B – Block, no violent incident had taken place in my presence. I had remained there for about 20 minutes. Thereafter, I had gone to Q – Block. There was a mob at that place also. I had found that the mob was angry and was raising slogans but no violent incident had taken place in my presence. Thereafter, I had gone to D – Block. There also mob was there but no violent incident had taken place in my presence.

 

Violent acts had taken place in the area of my police station but no incident of violence had taken place in my area. After sending Rukka from S – Block, I had not thought it fit to send Rukkas from other places where other incidents had taken place because I was busy in maintaining law and order and ACP had advised me that one FIR is sufficient as all the events can be described as same chain of events. No incident had taken place in my area on 2.11.84 and 3.11.84. The police, on 1.11.84, recovered 17 dead bodies. Till 1.20 PM, when I had sent Rukka I had not seen any dead body. It is true that in the Case Diary of Case FIR No.174/84 at page 19 – A, it is stated that Ms. Laab Kaur had given a statement on 19.11.84 and there in she had stated that 3 Sikhs were killed (her husband and 2 sons) on 2.11.84 at 6 AM at S – Block House No.1085 and that her house was also looted. It is also true that it is mentioned in the same Case Diary at Serial No.25 that one Ajmer Singh had made a statement and therein he had stated that Shri Jasbir Singh and Shri Mohinder Singh were killed on 3.11.84 at Block – T, House No.1027. It is also true that in the same Case Diary it is mentioned at Serial No.12 that one Ms. Roshan Kaur had made a statement to the effect that her husband Ajit Singh was killed on 2.11.84 at Block F – 766. It is also true that there is an entry at Serial No.14 that I.O. was informed by someone that one Kundan Singh was killed on 2.11.84 at Block – F, House No.882. It is also true that in the same Case Diary there is an entry No.15 and 20 referring to killings of Wazir Singh at Block F – 765 and Gurbachan Singh at E – 238 on 3.11.84. It is also true that there is a entry at Serial No.21- Case Diary 19 – B dated 19.11.84 which shows that one Ms. Mahinder Kaur had stated that her husband and two sons were killed on 2.11.84 at 10 PM at Block D – 595. I had not recorded separate FIR in respect of incidents of 2.11.84 and 3.1184 which were reported to the police on 19.11.84 and thereafter because I had a discussion with my ACP and he has advised me that all those incidents should be recorded in one FIR No.174/84. I cannot say whether, in fact, those deaths had taken place on 2.11.84 and 3.11.84 as the investigation of the case was handed over to Special Investigating Agency on 29.11.84. SI Madan Lal, SI Puran Singh were Investigating those complaints. I cannot say whether the allegations made in the complaints were found to be true or not till 29.11.84 when the case was transferred to Special Investigation Agency as the investigation was not complete by then. It is true that the investigation was again handed over back to the police station on 14.12.84. Without consulting the Investigating Officer I cannot say whether those complaints were found to be true or not. Even on the basis of the record I cannot say whether those complaints were found to be true or not by the Investigating Officer. It is not correct to say that 7 persons, who were arrested on 8.11.84, were arrested for commission of offence u/s 412 IPC only as disclosed by Case Diar No.8 of FIR 174/84 ( at page 77 of file Ex.No.W129/4) they were arrested in respect of all the offences. Challan dated 13.3.85 (which is at page 323 ) shows that those 7 persons were also challaned and were charged for all the offences. A separate challan was filed for the offence u/s 412 IPC. This was the challan forwarded by ShO Ram Prasad.

 

D – Block was about 150 yards away from old Police Station.

 

My Call Sign was W – 8 (Whisky–8). W – 53 was the call sign of the Police Station Static Set. It is not correct to say that no firing had taken place on 1.11.84. The police had fired 11 rounds from 303 rifles at Q – Block, B – Block, R – Block and Avantika Colony. My attention is drawn to the entry in the Wireless Log Book maintained by the Wireless Static Set Operator made at 0215 hrs., on 2.11.84 morning. I say that the entry does not contain correct information conveyed by me and the Operator appears to have missed to mention that firing, as stated by me, has also taken place. While moving around on 1.11.84, I had heard rumour from the persons that one Manjit Singh had distributed sweets on 31.10.84 after coming to know about the death of Smt. Indira Gandhi by way of celebration. I had tried to verify that rumour but I did not find any material suggesting that it was correct. I had heard about Ahuja Committee appointed by the Government to ascertain the number of deaths of Sikhs. I do not know if the Ahuja Committee had found that 120 deaths had taken place under Police Station Mangolpuri.

 

There was partial curfew on 4.11.84. 30 persons were arrested u/s 107 and 151 of Cr.PC on 4.11.84 at about 1.30 AM. There was a curfew during the night between 3.11.84 and 4.11.84. The persons who were rescued were first taken to Police Station Punjabi Bagh, then thereafter they were shifted to Shakoorpur Relief Camp. On 1.11.84, 300 persons were rescued, on 2.11.84, more than 2000 persons were rescued and on 3.11.84, 4 to 5 thousand persons were rescued. SI Madan Lal was sent to that relief camp for survey and for receiving information from the persons residing in that camp.

 

On 2.11.84 and 3.11.84, I had also seen various mobs moving around in an angry mood and shouting slogans. I had to resort to lathi charge to disperse them. The entry made at 8.55 AM on 3.11.84 is an information sent by District Net to Thana Net for my information. It was conveyed to me. It is true that I had informed the Wireless Police Set that the quarrel had started in Mangolpuri during night and outer force and gas may be sent. It is true that at 10.17 AM an entry was made in the Wireless Log Book and that information was received from ACP, Punjabi Bagh (W-7) to the effect that military was not listening to the police; that the gathering has been dispersed and intensive patrol is required. It is true that an entry was made in that book at 11.10 AM on 3.11.84 that one dead body of Thekedar Munshi was lying at Rohini Colony, Sector – 6, behind Naharpur Village. The dead body was recovered.

 

I cannot say now as to how many houses or shops were burnt during those days. But if it is stated in the reply to the questionnaire that 17 houses were burnt, then that information must be correct. It is true that in Case Diary No.2D (Page 47 of file Ex.No.129/4) it is stated that number of complaints were received indicating that large number of houses were looted and burnt. Officers from the police station were sent to verify the complaints of the burnt properties, vehicles etc. I cannot say without counting whether the complaints were in respect of 90 houses. While investigation in all those complaints was going on, I was transferred. I cannot say whether those complaints were found to be correct or not. It is true that in Case Diary No.2 – A (pages 25 to 29 of file Ex.No.W129/4) it is stated that I.O. had reported that various houses in various blocks were looted and burnt in B – Block and at other places. I cannot say without counting whether 38 houses were burnt or looted. It is true that in Case Diary No.CD – 15A ( pages 125 to 130 in file Ex.No.129/4) it is mentioned that 35 complaints were received regarding lotting of houses and shops in Y – Blockand that Sub Inspector Sardar Surjeet Singh had verified those complaints and had reported that about 28 complaints, have been investigated and appropriate action taken (as stated in earlier pages), as stated in Entry at page 22. I cannot say without counting whether in 23 cases the I.O. had reported looting and burning of properties and killing of Sikhs. I do not know if Officers Incharge of Police Station Nangloi and Police Station Punjabi Bagh had also sent the Rukka in a similar manner as Police Station Mangolpuri or not. The ACP of my area had moved in the area of my police station on 1.11.84 and 3.11.84. The DCP had taken round in my area on 1.11.84 and 2.11.84. No other higher officer had visited in my area.

 

The Army had come in my area on 2.11.84 afternoon. One Sub Inspector was sent to assist the Army. I do not know if any District Magistrate was attached with the Army. The DCP had taken a round of my area with the army on 2.11.84. Thereafter, I had not seen any senior officer moving with the army.

 

I had not seen any political leader taking round in my area. On 3.11.84, I was informed that Shri Sajjan Kumar had come near the police station. I was told by somebody from the public that he was telling the people to remain quite. There was no curfew on 3.11.84 during the day time. People were moving freely in my area on 3.11.84. I was told that Mr. Sajjan Kumar had come in the afternoon on 3.11.84. I was informed about Shri Sajjan Kumar’s visit in the evening when I had returned to the police station. He had not come inside the police station. I was not informed by anyone in my police station that Shri Sajjan Kumar had come near the police station. I cannot say at what exact time I had returned to the police station in the evening. I was not present in the police station when he had come near the police station.

 

No cross examination by Shri Ashok Kashyap, Advocate on behalf of Central Government.

 

Read over and found correct

 

(R.S. DAHIYA) ( G.T. NANAVATI )

15th March, 2002 15th March, 2002