(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