BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 57 )

Name : Shri Hari Nihal Singh
Age : 75 Years
Occupation : Retired
Address : 79, Radhey Sham Park, Delhi.

On SA

I have filed an affidavit before this Commission. It is shown to me. It bears my signature. The affidavit is taken on record and marked as Exhibit No.57/1.

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

I have passed the Matriculation examination. I joined Delhi Police as Constable on 13.10.1953. For about 10 years I had worked as Reader to different Assistant Commissoners of Police. Hindu Section, CID, was part of Special Branch of Delhi Police. While working in the CID, Special Branch, it was my duty to report the things seen and noticed by me, to my officers. The Control Room of Special Branch remains open for 24 hours. It is true that if any important information come to my notice, I was required to inform the Control Room as early as possible. I had gone to Shakarpur under the instructions of my Inspector Shri Sharma. I had not made any entry regarding my visit to Police Station Shakarpur as that was not necessary. I had also not made any note regarding leaving my office as that was also not necessary. After receiving instructions from Mr. Sharma I went to Police Station Shakarpur which is on the way to my house. After remaining for a while at Police Station, I had gone to my house. I had remained at the Police Station for a minute or two. Thereafter I had gone to my house. Right upto 6.30 p.m. I had remained in my house. My house was 2 Kms. away from Shakarpur Police Station. I had gone on foot to my house. From my house I had gone to Shakarpur Police Station on foot. I had not seen any incident while proceeding from my house to the Police Station. I had not informed my superior officers when I had gone to home because it was not necessary as my house was situated within the area of Police Station Shakarpur. It is not correct to say that inspite of the instructions to perform my duty I had gone home and slept. I do not remember the name of the Duty Officer now, as long time has elapsed. I also do not remember the name of the santry because I did not enquire about his name. The Duty Officer and the Santries did have the name plates on their clothes. I was in the Police Station till about 7.50 p.m. It is correct that I had not seen any incident till I remained in the Police Station. It is incorrect to say that no incident had taken place in the East District till about 7.50 p.m. on 31.10.84. I had not seen 25 to 30 persons of Sikh community in the Police Station but I was so told by the Duty Officer. I had asked the Duty Officer to meet them but the Duty Officer had told me not to do so. I do not know how many rooms were there in the Shakarpur Police Station but it was two storied building. It is not correct to say that if the Duty Officer or somebody wanted to go to Wireless Room that he has to pass through other rooms of the Police Station. Wireless Room is 15 to 20 ft. away from the room of the Duty Officer. The SHO’s room would be on the way but it was little inside while going from Duty Officer’s room to Wireless Room. One could not have seen the Wireless Room while standing near the door of Duty Officer’s room. I had not given any report to my senior officers as regards what I have stated in paragraph 2 of the affidavit. I had not given any information to the Control Room also. It is true that only report which I had given was to Shri Sahib Dayal. Shri Sahib Dayal was not in the Special Branch but he was working in the Office of Prime Minister. He was on Pilot Duty. Shri Sahib Dayal was not in the Hindu Section of CID General Branch. The report was addressed to the Inspector of my Section. I had sent the report through Shri Sahib Dayal as he was my neighbour. The wireless in the Shakapur Police Station was only for that District. I cannot say between whom the conversation was going to on the wireless which I had heared. Only a person who know the call sign can tell or to whom the wireless message was sent can tell about the conversation. The conversation was between two stations. I cannot say that it was meant for Shakarpur Police Station. Head Constable Ram Kishan was not present in the Wireless Room when the said message was received. Head Constable Ram Kishan had left that room at my request to make some arrangements for me. Head Constable Ram Kishan had left the Wireless Room, as his duty was over and he had told me that he would drop me at my residence. When he had left the Wireless Room he had left the Wireless set unattended. It is correct that wireless operator cannot leave the wireless set till someone else takes over. I do not know if any entry is required to be made when one wireless operator leaves his duty and handed it over to next operator. I cannot say whether Ram Kishan had informed the Duty Officer or Santry that he was leaving the Police Station. I had enquired from Mr. Sahib Dayal whether my report was submitted to the concerned officer? He told me that he had left it on the table of the officer as there was nobody to attend to such report. The reports which I used to submit in the CID Section were used to be treated as secret reports. Even though they were supposed to be secret reports, they could be sent through police officers. It could not be sent through private persons. It is not correct to say that secret report cannot be submitted through another police officer. Shri Sahib Dayal is no longer alive. I had not asked Shri Sahib Dayal as to whose table in my office he had left the report. When I had told that it was to be submitted in my office it meant that it was to be submitted in CID Hindu Section as he knew that I was working in that Section. The report which I had submitted was in respect of the house of Shri Hardeep Singh which took place on 4th November, 84. I had not sent any report with respect to any incident on 31st October, 1984. I had not filed any affidavit earlier. I had also not given any evidence before. I had also not informed any of my officer about what I have stated in paragraph 2. It is not correct to say that what I have stated in my affidavit is false.

No Cross examination by Shri K.K.Sud, ASG on behalf of Central Government :

Read over and found correct

( Hari Nihal Singh )                                                                                                                  ( G.T. NANAVATI )
16th August, 2001                                                                                                                       16th August, 2001