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BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY ( Witness No : 67 ) Name : Shri T.S. Bhalla On SA I was SHO Police Station, Parliament Street from November, 1980 to January, 1985. No incident against Sikhs had taken place within the jurisdiction of my Police Station on 31.10.1984. Four cases were registered on 1.11.84. Their FIR Nos. are 601, 602, 603 and 604. I had brought the register containing the original FIRs. I refer to file pertaining to FIR No.601/84 and say that it contains paper relating to investigation of that case ( The said file is Exhibit No.W67/1 ). It contains the original case diary. The case was investigated by SI Hoshiyar Singh. He was incharge of police post North Avenue. He has investigated the offence under my supervision. The challan in that case was filed by my successor Inspector Baljeet Singh. Shri Hoshiyar Singh and Baljeet Singh have since retired from service. It also contains the original challan case diary. It was signed by Inspector Baljeet Singh. I am conversant with his signature and I can identify the same. File relating to FIR No.602/84 similarly contains original case diary and the original challan case diary. It also contains photocopy of the challan filed in that case. The said case was investigated by SI Bhagat Singh. I am conversant with the signature of Shri Bhagat Singh and I identify his signatures on the papers. ( The said file is Exhibit No.W67/2 ). The file relating to FIR No.603/84 contains original case diary and other investigation papers. ( The said file is Exhibit No.W67/3 ). It also contains the challan case diary and the photocopy of the challan. In this case no charge sheet was filed in the court as the final report filed indicated that the accused could not be traced (untraced report). This case was investigated by ASI Harbeer Singh. The final report was made by Inspector Baljeet Singh. I identify his signatures. The file relating to FIR No.604/84 contains the original case diary and the original challan case diary. SI Gurdeep Singh was the investigating officer of that case. ( The said file is Exhibit No.W67/4 ). In that case challan was filed by me. Supplementary challan was filed by my successor Inspector Baljeet Singh. I also identify the signatures of SI, Gurdeep Singh and Baljeet Singh. File No.XXV/76/1985 it contains information regarding deployment of force from 31st October, 1984 to 4th November, 1984. It also contains sequence of events which had taken place on those days. It also contains copies of Daily Diary register of those days. It also contains my note with regard to what had happened during those days and what actions were taken and what actions were proposed in those days. It bears my signatures. ( The said file is Exhibit No.W67/5 ). There is a log book maintained by New Delhi District Control Room also. ( The said file is Exhibit No.W67/6 ). File No.XXV/68/1985 contains the report made by Shri B.K.Gupta, the then DCP, New Delhi to the Principal of the Police Training School. It was sent in pursuant to the request made by Police Training School to supply information regarding the incidents which had taken place within the New Delhi District during 31.10.84 and 4.11.84. ( The said file is Exhibit No.W67/7 ). There is another file on record containing letters received from citizens appreciating the role played by the police during those days and the same is Exhibit W67/8. (Mr. Phoolka objects to the admissibility of this file). It also contains a report by Shri B.K.Gupta, the then DCP made to the then Addl. Deputy Commissioner of Police, New Delhi Range, New Delhi. I identify his signatures. The file XXV/69/85 contains report by Shri V.Rajgopal the then Addl. Commissioner of Police, New Delhi District to Addl. Commissioner, CID, New Delhi regarding the incidents which had taken place between 31.10.84 to 4.11.84. I identify his signatures. ( The said file is Exhibit No.W67/9 ). Cross deferred.
Read over and found correct
( T.S.BHALLA)
( G.T. NANAVATI )
( Witness No : 67 ) Name : Shri T.S. Bhalla On SA File No.XXV/71/1985 contains report sent by ACP, Parliament Street to Principal, Police Training School, New Delhi. It was sent by Shri A.L. Chadha, ACP (Parliament Street) on 14th December, 84. I identify the signature of Shri A.L.Chadha. The annexure to that file contains the movement chart of the police personnel of sub division Parliament Street. ( The said file is Exhibit No.W67/10 ). Cross examination by Shri H.S. Phoolka, Sr. Advocate on behalf of Delhi Sikh Management Committee/Nov’84 Carnage Justice Committee. Mr. B.K. Gupta was the Deputy Commissioner of Police (New Delhi) in 1984. I do not know where he is at present. ACP Shri A.L. Chadha has retired. I was on leave on 31.10.84. Even though I was on leave, I joined my duty before noon on coming to know about the incident of firing at 1, Safdarjung Road. I was posted to Teen Murti Bhawan on 1.1.84 where the body of Late Prime Minister Smt Indira Gandhi was lying in state. On 1.11.1984 I had also taken rounds in the area falling within the jurisdiction of Parliament Street Police Station. I had taken many rounds of my area in the afternoon and also in the evening. On 2.11.1984 I was at the police station and also taken rounds of my area. Similarly on 3.11.1984 also I had remained at the police station and I had visited the areas within my jurisdiction. I had taken rounds in the jeep. Around 5 to 6 police personnel used to be with me. While taking rounds I had a pistol and also a SLR. Sub Inspector accompanying with me used to have fire arm with him and constable used to have sticks. It is quite possible that some of them were having rifles. I had gone to Gurudwara Bangla Sahib about 8 to 10 times. Between 31.10.84 and 4.11.84 I was not hurt. While going to Teen Murti Bhawan I had passed by Gurudwara Rakab Ganj Sahib. That was in the early morning. When I was at the Teen Murti House I have received information that some incident had happened near Gurudwara Rakab Ganj Sahib and therefore, I went there. My first visit to Gurudwara Rakab Ganj Sahib was at about 9.00 A.M. The information which I received at 9.00 A.M. was that Sikhs were moving with swords inside the Gurudwara. I had also received information about 1.00 P.M. that situation at Gurudwara Rakab Ganj Sahib is grave. While I was going to Gurudwara Rakab Ganj Sahib I received instructions from DCP to go to a different place where some other incident had taken place. I do not remember if I had gone to Gurudwara Rakab Ganj Sahib again on that day. I had not taken any action on the basis of the information which I had received at 9.00 A.M. as no action was required. Though it was usual for the Sikhs to carry kirpan in the Gurudwara I had proceeded to that place in view of the events which had happened on that day. Some Sewadars always carry kirpan with them as a part of their dress. The size of the kirpan may vary. About 6 to 8 complaints were received at the police station regarding incidents of burning and looting. All those complaints were made a part of the investigation of FIRs which was registered earlier. All those complaints will be in the judicial file. They are not with me today. On 2.11.84 four persons were taken into preventive custody under Section 107 and 151 of Cr.P.C. According to my memory they were taken into custody from Mahadev Road. No arrest was made on 1.11.1984. Two accused of FIR No.602/84 were arested on 9.11.1984. Third accused was arrested on 5.12.1984. The arrests were made on the basis of the statements of Witnesses. 4th accused was declared a P.O. in that case. One accused person in FIR No.601/84 was arrested on 2.11.1984 and other accused persons were subsequently arrested on different dates. In all 5 persons were arrested. The name of the accused who was arrested on 2.11.84 is Kawal Jeet Singh. The names of the other accused persons are Kishore Kumar, Chotte Lal, Sanjay and Bisru. All these persons were arrested on the basis of the statements of witnesses. Chotte Lal was arrested on 10.11.1984. A rifle was recovered from Kawal Jeet Singh on 2.11.1984. I do not know if Shri Kawal Jeet Singh was taken into custody by the Investigating Officer. I say as per the record that recovery was made on 2.11.1984 only. I cannot say that Investigating Officer had taken him into custody on 1.11.1984 and the rifle was taken from him on 1.11.1984. FIR No.601/84 was in respect of four deaths. I have no personal knowledge about the correctness of information given in paragraphs 3,4,5,6,7 and 8 of the report of SHO Parliament Street Inspector Bajjeet Singh which is at page 7 of file No.XXV/76/85 (Exhibit No.W67/5). The Police had opened fire twice on 1.11.1984. There was no need to open fire on 2nd, 3rd and 4th November, 1984. The first firing was near Gurudwara Rakab Ganj and 2nd firing was on the Dr. Rajendra Prasad Road. The firing at Dr. Rajendra Prasad Road was by the PSO of Shri Ram Vilas Paswan. No Tear Gas was used on 1.11.1984. The police had wielded lathis on 1.11.1984 to disperse the mobs. That was in the areas nearby Baba Kharak Singh Marg and Bangla Sahib Road. If the lathi charge is ordered then an entry to that effect is made in the Daily Diary Register. I cannot say whether any information was received at the police station from the residence of Mr. Atal Bihari Vajpayee regarding fire opposite his house. I say that some information was received by the Control Room of the Police Station and after it was passed over to me I had gone to Mr. Vajpayee’s House pursuant to the information. There was no fire at his house. But what I had noticed was that there was fire at Taxi Stand near his house. When I reached there, there was no mob at the Taxi Stand. I do not remember if I had met Mr. Atal Bihari Vajpayee. I posted some police persons there and later on this case was investigated. I cannot answer without going through investigating papers as to whether during the investigation it was disclosed that Mr. Vajpayee had come out of his residence and dispersed the mob. It is true that the incident which had taken place outside Chelmsford Club, near Shastri Bhawan and on Mahadev Road and Dr. Rajendra Prasad Road are referred to in the FIR No.604/84. It is true that the garage of Mr. Ram Vilas Paswan was burnt by the mob. One Sikh who has taken shelter in the garage was also burnt alive. It is true that some damage was also caused to the other rooms also. One car and one scooter were also burnt. It is true that FIR mentions that 4/5 rooms were also burnt. The furniture and other articles were also burnt. I had not gone to that place as I was on duty at Teen Murti Bhawan. The SHO Connaught Place might have gone to Mr. Ram Vilas Paswan’s House as he was at that time looking after that area. Mr. Kanchi Singh was the SHO of Connaught Place. During my absence SHO Kanchi Singh was looking after the area falling within the jurisdiction of Parliament Street. The SHO Kanchi Singh was put incharge of my area during my absence under the orders of DCP. I cannot say whether any writing to that effect was received by the police station or any entry was made in any register. Teen Murti Bhawan falls within the jurisdiction of Chanakayapuri Police Station. Without going through the FIR I cannot say whether Shri Ram Vilas Paswan was required to run away from the back door otherwise he would have also been attacked by the mob. It is incorrect to say that the police jeep had moved alongwith the mob while the mob was going to attack Shri Ram Vilas Paswan’s house. The office of the Youth Congress (I) is within the jurisdiction of Parliament Street Police Station. The Office of the Youth Congress (I) is on the Raisina Road. The distance between Youth Congress (I) Office and Shri Ram Vilas Paswan’s house is less then ˝ Kms. The distance between the Office of the Youth Congress (I) and Shastri Bhawan is about 300 to 400 metres. The distance between Youth Congress (I) Office and Chemsford Club is also about 300 to 400 metres. Mahadev Road is about 700 to 800 metres away from the Youth Congress (I) Office. I cannot say that the mob originated from Yough Congress (I) office at Raisina Road and the said mob had committed acts of violence at Chelmsford Club, Shastri Bhawan and Mahadev Road. It is true that the Parliament Street Police Station had received information on 1.11.84 at about 8.25 AM that some passengers are being made to get down from the bus near Parliament House Gate No.2. On receiving this information SI Bachan Singh had gone to that place. The entry No.5 of Daily Diary Register further mentions that it was reported by SI Bachan Singh that some persons after raising slogans had run away and PCR van had also arrived there. ASI Harbir Singh had gone to 32 Mahadev Road. I had also gone there. The report with my annexures A to D on page 1 of file No.XXV/76/85 (Exhibit No.W67/5) was sent by me. I do not remember if at that time there was any Congress (I) office on Mahadev Road. Mr. Buta Singh at that time was Minister and was residing in Bunglow No.16 of Ashoka Road, New Delhi. I cannot give the exact strength of the additional force which was sent at his house but it is true that additional force was deployed. One Platoon was deployed there. The strength of the Platoon is about 16 to 18 persons. Every Platoon has one armed section. As far as I remember information was received from the residence of Mr. Buta Singh that they were apprehending some danger. No incident had actually taken place at his residence. I do not recollect if any information was received from any other source regarding any attack at his residence. But since the information was received from the house of Minister himself regarding apprehension of danger, I had thought it fit to deploy additional force there. Inspector Kanchi Singh is not a Sikh. In all 15 or 16 complaints were received which were later on included in FIR No.601 and 604 of 1984. They are all in file Exhibit W67/8. Three other accused of FIR No.601 were arrested on 10.11.1984 and last accused was arrested on 15.11.1984. As per FIR Register Shri Kawal Jeet Singh was discharged. The accused of FIR No.602/84 were acquitted. The accused of FIR No.603/84 were untraced and therefore a report to that effect was filed. The accused of FIR No.604/84 were acquitted. The information recorded as entries No.18 and 19 of 1.11.1984 in Daily Diary Register were verified and they were found not correct. The entry does not contain any address of Kalla or any other details about him. It has not come to my knowledge that such information was being conveyed falsely by the Congress people. The information contained in Entry No.16 at page 47 was also verified and found incorrect. I cannot say if the house of Manager of Gurudwara Committee situated at Gurudwara Rakab Ganj Road was set on fire in the presence of the police. As I was not present near Gurudwara Rakab Ganj I cannot say whether police had taken any action against the mob. From the available record no mob violence had taken place in my presence. On 1.11.1984 I had not fired any round from my weapon. In my presence no firing had taken place. Without resorting to firing I was able to disperse the crowd. It is not correct to say that there was sufficient force to deal with the number of mobs which were involved in the various incidents. Therefore, it is incorrect to say that even though sufficient force was available no action was taken against the mob. There was a discussion regarding additional force on 31.10.1984 and thereafter a request was made by the District for supplying additional force. Some additional force was received on 1.11.1984. It is incorrect to say that the accused in the criminal cases which were registered were acquitted because there was no proper investigation At page No.5 of exhibit No.W67/7 contains the information as to under whose order SHO, Parliament Street was asked to go to Teen Murti House. Read over and found correct ( T.S.BHALLA)
( G.T. NANAVATI ) T.S. Bhalla At page no.5 of exhibit W67/7 contains the information as to under whose order SHO Parliament Street was asked to go to Teen Murti House.
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