( Witness No : 5 )

Name : Smt. Jaya Jaitley, Now former W/o Ashok Jaitly,
Age : 58 Years
Occupation :
Address : C-30, Sujan Singh Park, New Delhi


I have filed an affidavit dated 25th September, 2000 (the affidavit is taken on record and marked as exhibit No. W5/1). My affidavit may be treated as my examination-in-chief. I further say that I have an affidavit before Justice Ranganath Mishra Commission also. The copy of the affidavit is shown and say that it a true copy of the affidavit which I have filed before the commission and marked as W5/2. When I had gone to the Tughlak Road Police Station on 31.10.84 and I noticed that 10-15 policemen were present. I went to 7, Jantar Mantar Road as it was the head office of Janta Party. I and my friends had desired that something should be done as we had noticed that nothing has been done by the police. Either on 1st November, 1984 or 2nd November, 1984 I and Mr. Madhu Dandavate had gone to Arun Nehru’s place as he was one of the Ministers in the Government. We were not allowed entry into the house and we stood near the gate. Mr. Arun Nehru came near the gate and we told him to call the army and to take other appropriate steps to curb the violence. He stated that he was taking necessary steps and after saying one or two sentences he went inside. In the peace march referred in para 9 Mr.Chandra Shekar, M.P., Mr.George Fernandes, M.P., Mr.Surender Mohan and Shri Madhu Dandvate, M.P. and other prominent leaders were present. The group of 15 persons referred in para 9 was in a aggressive mood and I do not recollect what exact conversation we had with them. They had blocked our way for about 5 min. The policemen infact did not take notice of the crowd. They were driving slowly. The mob of young people was not at all scared of the police and army. As we insisted on going further and as we were more in number, so we were allowed to go by the crowd.

They were very few policemen on the road. They were either one here or one there and they were just diverting and guiding the traffic. Very probably on 5.11.1984, I had gone to Trilokpuri and at that time I found burning tyres were placed around the necks of victims and that is how they had been burnt and their flesh were lying on the ground. The dog was trying to dig that out. We also saw cut hair lying in the houses and on the roads. At the Farsh Bazar camp I found that no arrangements were made for medicine, food and other requirements and there were no candles. We with the help of some volunteers distributed some medicines among those who required them and rendered all help that we could. Police had made no arrangements for rendering assistance to the people collected there apart from providing the place. The situation in the camp was very pathetic and we had to go for help. Only on 3.11.84 night while going from Farash Bazar Camp we noticed army presence inquiring and preventing persons moving around.

On the night of 3.11.1984 or 4.11.1984 when I was at Farash Bazar Camp I noticed sudden of tension there. Everyone in the camp gathered together because Shri H.K.L.Bhagat had come to the camp. The persons in the camp stated that he should not be allowed in the camp as he was the person responsible for what had happened and they closed the doors of the camp. The Farash Bazar camp was set up by the Farash Bazar Police Station. On 4.11.1984 or 5.11.1984 about 3000 people were in the camp. We noticed that no arrangements for the food and other requirements were made by the police We had to make arrangements for the requirements for the persons in the camp. I had also gone to the Lt. Governor to request for help. No arrangements were made by the police or government authorities to take injured persons to hospitals. There were no government doctors to treat them and we had to take those injured persons to various hospitals in our own cars. We were doing all this as a part of ‘Nagarik Ekta Manch’, a group which was formed by non-political persons. During those 3-4 days affidavits of the widows and other victims of the camp has almost the same story to tell. The affidavits were given to ‘Peoples Union of Civil Liberties Group’. I do not have with me the copies of the affidavits as they are not traceable now but I remember the contents of the affidavits. What is stated in those affidavits was too much of cruelty which was similar in nature everywhere and at the same time they mention how citizens came to their rescue, and that the police did not help them. In most of those affidavits name of Congress Pradhan Ram Pal Sarooj of Trilokpuri was mentioned.

Cross examination by Shri S.S.Gandhi, Advocate behalf of Delhi Police.

I do not know the facts on the incident Mr.Ravi Nair told me. After receviving the telephone call I left the house in 5-10 min. I had seen Taxis and the scooters lying burnt while we were going towards Safdar Jung, Lodhi Road intersection. That was between 6.30 and 7.00 PM. I do not know whether vehicle was burnt at 5.30 PM and the police had visited this place and a FIR was registered in this regard. The death of Mrs. Indira Gandhi was announced at 3.30 PM. The news what was announced by the radio was that she was taken to AIIMS and there she was operated being upon. It was than announced that she had died there. It is correct that after crossing Safdarjung Flyover one comes to the intersection of AIIMS. Because I saw burnt cars and scooters on the road I inferred that the police was diverting the traffic something unusual had taken place. At 7.30 PM I did not go out but my husband and niece had gone out. The incident that I refer in para 4 was as told by my husband. The fact of bringing two sardars to my house was a matter of personal knowledge. I did not try to find out whether any incident of throwing any from the Safdarjung flyover had taken place. About the incident referred to in para 5 I have no personal knowledge. I cannot say that no incident of killing had taken place till evening of 31st October, 1984. It is correct that on 1st November, 1984 morning we witnessed what is stated in para 7 and also heard that there was mass violence in Delhi. It is not unusual for the Commssioner of Police not to be in his office but some response on his behalf was not there. In the areas I have visited on 1st November, 1984 and 2nd November, 1984 there was no visible sign of curfew being imposed. On 3rd November, 1984 also we were able to go to various places except the route of the funeral. Till 3rd November, 1984 night we were not prevented from moving in various areas. I do not know by 2nd November, 1984 morning curfew was imposed in all the areas of New Delhi District and that the situation had been brought under control in most of the areas of Delhi. We had moved in the gallies of Lajpat Nagar and Bhogal. I am not aware if the police had immediately visited Lajpat Nagar, Bhogal, Maharani Bagh, and Friends Colony soon after various incidents had taken place there and had taken immediate action.

Cross examination by K.K.Sud, ASG on behalf of Central Government

In my interaction with the persons in the camp I was told that the Sikhs were attacked by the persons. I was told in Trilokpuri that the mobs were instigated by Shri Ram Pal Saroj, What I and other were told were that the Sikhs were attacked by the groups led by Congress leaders. By Congress I mean Congress (I).

Read over and found correct


( MS.JAYA JAITLY)                                                                                              ( G.T. NANAVATI )

3RD May, 2001                                                                                                                3RD May, 2001