( Witness No : 23 )

Name : Shri N.D. Pancholi
Age : 56 Years
Occupation : Advocate
Address :

On SA

I have filed an affidavit before Justice Ranganath Mishra Commission of Inquiry. I am shown the original and I say that it is the same affidavit. The affidavit is taken on record and marked as Exhibit No.23/1. In addition to what I have stated in my affidavit, I say that when we had gone to the camp for recording the statements of witnesses we found that they were reluctant to give their statements. It was only after they were assured by us that we are trying to prepare a report that what had happened, only then they had given their statements. The persons were unwilling to give their statements as they believe that the authorities might harass them and an action may be taken against them.

Further examination in chief deferred for 23^rd July, 2001

Read over and found correct

( N.D. Pancholi)                                                                                             ( G.T. NANAVATI )

16^th July, 2001                                                                                                   16^th July, 2001

( Witness No : 23 )

Name : Shri N.D.Pancholi
Age : 56 Years
Occupation : Advocate
Address :

On SA

Recalled for further examination in Chief.

Some persons in the mobs were breaking the locks of the shops and were proceeding further to break locks of other shops while some persons after breaking the locks were indulging into looting the shops. The impression which I formed was that the people who are breaking locks of the shops were experts in breaking locks. The incidents of breaking of locks and looting of shops was taking place within a short distance from the Kotwali Poilce Post. Some policemen were also present in front of the police post. On 2^nd November, 1984, I had not gone out as curfew was imposed from the night of 1^st November, 1984 but I could see from my house people were moving around with looted articles.

I am public spirited man. I cannot give specifically the names of the shops which were looted by the mobs. The shop which was burnt in Gali Paratha Wali was a saree shop but I do not known the name of the shop. I am not in a position to recollect which shops were burnt even if names of those shops are given now. When I had gone to the police post I had seen that the police were totally indifferent and on seeing their attitude I did not feel like giving any complaint and I came back. Whatever was happening was seen by the police themselves. I had been to the police post and I had not gone to the police station which was already shifted to Darya Gunj. I had enquired from the persons whose shops were looted and lodged their complaint but not gone to police station to find out what had happened to those complaints. I do not know if the police had recorded on their own offences in respect of the incidents referred to in my affidavit. I had already mentioned in my affidavit of what was within my personal knowledge and what was on the basis of the information received by me. I do not know if the police had resorted to firing in Chandni Chowk area between Fountain and Clock Tower. I had seen the burning of shop M/s Ram Chand Kishan Chand Sareewala. The police had not come when the said shop was set on fire and even till the fire had spread to the nighbouring properties. I do not know if there was any fire thereafter. I was near that shop for about 2 to 3 hours. It is not correct to say that during that time police had come and resorted to firing to disperse the crowd. It is also not correct to say that Whatever I have stated in my affidavit in this behalf is false. It is true that because of the curfew I had not gone out to other places but I was moving in my street. Whatever has been stated in my affidavit in respect to the incidents of 2^nd Nobember, 1984 and 3^rd November, 1984, I say that I had not personally seen those incidents and whatever had been stated in that behalf is on the basis of the information received. Saree Shop which was burnt and looted was of Hindu. In reality an adjoining shop of a sikh was set on fire and it was only then, that saree shop got fire. I do not know if the police had resorted to firing in the first shop when the sikh shop was set on fire.

Read over and found correct

( N.D. PANCHOLI )                                                                                                            ( G.T. NANAVATI )
6^th August, 2001                                                                                                                   6^th August, 2001