BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(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