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