BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

(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