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BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY ( Witness No : 68 ) Name : Shri Anil Dudeja On SA I was not in Delhi Police in 1984. Today I have brought the original FIR register. After perusing it I say that two cases were registered between 31.10.84 and 4.11.84. The first case was registered on 1.11.84. The FIR number is 1056. It was the complaint registered on the basis of information given by SI Satish Chander. It was in respect of looting and arson of 5 shops 1. Vedi Tailors, 2. OCM Suitings, 3. Kailash Tent House, 4. Khalsa Tent House, and 5. SM and Sons. It was also in respect of Shop Number H-44/45, G-12, and G-34 to 38. It was also in respect of attack on Taxi Stand on BKS Marg, Janapath and Jantar Mantar. Two persons were arrested as accused in this case. The case was investigated by SI, Satish Chander. The second FIR was registered on 2.11.84. Its number is 1058. It was in respect of Shop No.30 of Shanker Market. Four persons were arrested as accused in that case. The challan was filed on 16.12.84. Challan in respect of FIR No.1056 was filed on 22.12.84. I refer to file (which is now given Exhibit No.W68/1) and say that it contains copy of FIR No.1056. It is a correct copy of the FIR. It also contains the Case Diary, Statements recorded u/s 161 Cr.P.C. and other investigation papers. Both the accused of FIR case no.1056 were discharged by court. I refer to file (which is now given Exhibit No.W68/2) and say that it contains a photocopy of the original FIR of 1058. It is the correct copy of the original. It also contains Case Diary and other investigation papers. Four persons were arrested as accused in that case. One was convicted. Other three were declared as Proclaimed Offenders (P.O.). Other three could not be traced and were declared as absconding. I refer to the original FIR and say that one more FIR was registered in 1993 on the basis of the complaint made by Shri P.S.Patwal. It was in respect of the attack on Salwan Furnishing Company, 10, Marina Arcade, Cannaught Place, New Delhi. The FIR was registered on the basis of the affidavit filed before Justice Ranganath Mishra Commission of Inquiry. The FIR was registered as 17 of 93. One Mohd. Sulaman was the accused in that case. After investigation chargesheet was filed against him on 4.5.1993. During the pendency of the trial the accused has expired therefore the case was closed. I refer to file No.XXV/75/1985. It contains the information regarding movement of SHO and other personnel between 31.10.1984 and 4.11.84. It also contains sequence of incidents not reported to the police, steps taken to combat the riots, availability of force, requisition made for additional force, preventive action taken by the police, use of fire arms, duty roster in respect to upper subordinate officers, duty roster in respect of lower subordinate officers, Daily Diary Register for the period 31.10.84 to 5.11.84. ( Exhibit No.W68/3). I refer to the wireless log book of Police Station Connaught Place for the period 12.10.84 to 27.11.84. ( Exhibit No.W68/4). I am producing the true copy of the FIR No.17 of 1993 (it is taken on record and given an exhibit no.W68/5). Cross examination by Shri H.S. Phoolka, Sr. Advocate on behalf of Delhi Sikh Management Committee/Nov’84 Carnage Justice Committee. I joined Delhi Police in the month of October 1986. Inspector K.S.Thakur was the SHO, Connaught Place in November, 84. Shri A.L.Chadha was ACP. He has already retired from service. Inspector K.S.Thakur has also retired. I do not know if Sub-Inspector Satish Chander is still in Delhi Police Service. There was no recovery in FIR No.1056. Some goods were recovered in FIR No.1058. About 114 complaints were received during the investigation of FIR No.1056. It is possible that there was repetition of complaints. All the complaints were received which had taken place on 1.11.84. The complaints were received from 6.11.84 onwards. The complaints were received on different dates in November 84. Both the accused in that case were arrested on 10.11.1984. The shops and taxi stands were at some distance from each other. I cannot say why only one FIR was registered in that case. I cannot answer today without going through the record whether the same mob had committed all the said acts of violence or whether the mobs were different. The 114 complaints were in respect of shops spread over an area of 2 Kms. The informer in the FIR 1058 was Sub-Inspector Iqbal Singh. I do not find any other complaint of 2.11.84 on the record. All the four accused in that case were arrested from the spot of offence. It was in case of rioting and theft. It is not correct to say that only two persons were arrested from the spot and two accused were arrested later on. The case was investigated by SI, Iqbal Singh. After going through the record I cannot say that any one had died due to the firing resorted to by the police on 1.11.84. No one was injured either. I cannot say on the basis of the record produced before the commission if tear gas was used or lathicharged was ordered on that day. I cannot say when the army was deployed in the area, of Police Station Connaught Place Police Station. I am not aware whether any entry is made in the Daily Diary register when the army is called in the area falling within the jurisdiction of the police station. If there is requisition for the Para Military Forces then an entry would be made in the Daily Diary register about the force sent to the Police Station as per the requisition. Mahadev Road is not in the jurisdiction of Connaught Place Police Station. I refer to entry in the log book made on 1.11.84 at 12.41 PM and say that it was reported to the police that crowd of 50 to 60 sardars having swords in their hands were moving in front of Imperial Hotel. This information was received from Control Room of New Delhi District. I cannot say if any action was taken on this information. On 1.11.84 not only the taxi stand but also some taxis with some other vehicles were burnt on Janpath. The distance between Imperial Hotel and Janapath Hotel would be about 2 furlongs. I refer to entry made at 12.35 PM at Page 85 of the wireless log book and say that pursuant to that information a police force was sent immediately to deal with the situation. The record shows that the mob was dispersed and no incident had taken place. The entries in the log book does not disclose if other shops of Sikhs near Regal Cinema were also looted and burnt. I cannot say whether the shops of Sikhs near the Regal Cinema were first looted and then burnt. I cannot say whether the mob was allowed to loot those shops and then disperse deliberately. I cannot say whether the shop of S.M. & Sons was first looted and then burnt. The record shows that when the police reached there at 1.55 PM the shop was found burning and there was no crowd there. At 12.35 PM police had gone to Regal Building and dispersed the mob. The information regarding an attempt to set S.M. & Sons on fire was received at 1.55 PM. The police party in the area was sent to the spot and when it reached there the shop was burning. The mob had already left the spot. The log book entries between 14.00 and 14.14 Hrs disclose the information received to the effect that fire had spread in Regal Building and the fire brigade should be sent immediately. This message was received through Control Room. On the basis of the available record I cannot say when the police had reached the shop of S.M. & Sons. Mohan Singh Place is near Regal Building. The Marina Hotel is about half a kilometer from Regal Building. A message was received at 14.32 Hrs that a mob had attacked Mohan Singh Place and cars and other things were being burnt. The police party was sent and as a result thereof the Mohan Singh Place was saved. The police had noticed that 8 taxis and taxi stand at Baba Kharag Singh Marg were burnt. The entry in the log book does not disclose when the police party had reached at that place. There is nothing to show that the police party which was sent near the Regal Building and the taxi stand and taxis were burnt in their presence. There is also an entry in records that Marina Hotel was set on fire. The message was received between 14.32 and 14.50 Hrs. The police party was sent and they tried to obtain the services of fire brigade but the fire brigade was not available. If the police party is sent from the Police Station on the basis of the information received then the entry is made in the Daily Diary register. But if the police party is already in the area and is directed to go to a particular spot then there may not be an entry in the Daily Diary register. I cannot say on the basis of the available record for how long the police party had remained near Marina Hotel after reaching there. I cannot say for how long the fire had continued in Marina Hotel. I do not know if the shops in the building Marina Hotel were first looted and thereafter burnt and all these had continued for many hours. I do not know if all these shops were looted and burnt in the presence of police. It is stated in the FIR that the shop of Vedi Tailor was looted by the mob. The shop was looted 15 to 20 minutes before the police had reached there. A message was received at the Police Station that the fire in the Vedi Tailors was extinguished and the mob had looted the shop. I cannot say from where this message was received at the Police Station. It is incorrect to say that I am not giving correct information and I am suppressing the information. CB-2 would indicate that it was a wireless set of a police officer belonging to Connaught Police Station. D55 indicates the code number of Control Room of Police Station Connaught Place. It is not correct to say that the message was received from CB-2 by the D-55 Control Room Police Station Connaught Place. I say that information was given by the Control Room to the CB-2. I have never acted as a wireless operator. I know how the entries were made in the log book. Even though something is written in the Column ‘From’ it does not necessarily follow that the message is either received or sent by the authority mentioned therein. According to me the practice is if the caller is the member of the Control Room it would be mentioned first and the name of the person will be mentioned thereafter. If the call is from outside to the Control Room and the name of the caller will be mentioned first then the name and number of the Control Room. According to me the entry relating to Marina Hotel to effect that there is a fire in the Marina Hotel and fire brigade be sent is on the basis of information sent by CB-5 to Control Room. CB-5 would mean an officer of Police Station. It is true that in Column ‘TO’ D-55 was recorded and under the Column ‘FROM’ CB-5 is recorded. It is true that message is from CB-5 and it was conveyed to the Control Room. I deny that I have given a wrong answer with regard to Vedi Tailors. I deny that the information relating to Vedi Tailors was sent by CB-2 to the Control Room. Entry made at page 97 of the log book on 2.11.84 stating that 40 to 50 armed sikhs collected at Chanakaya Cinema and that if they are not kept under control firing may be resorted to was received from an officer of a superior rank G-2 ( Golf-2) to Police Control Room. It was in continuation of previous four calls received at 19.18 Hrs. The area near the Chanayaka Cinema does not fall under Cannaught Place Police Station. It falls within the jurisdiction of Chanakaya Police Station. Cross examination deferred. Read over and found correct ( ANIL DUDEJA )
( G.T. NANAVATI ) ( Witness No : 68 ) Name : Shri Anil Dudeja
On SA ( Cross Examination continued ) Normally all the cases of firing are recorded in the Daily Diary Register. In the incident which had taken place on 2.11.84 near Bangla Sahib Lane only one round was fired by the police. I cannot say definitely whether there is no entry regarding the total rounds fired by the police on 1.11.84. I also say that when the firing resorted to by the higher Gazetted Officers then there may not be an entry in the Daily Diary Register. No offence was registered initially on the basis of the complaint of Shri S.D.Salwan dated 3.11.84. It was only on 5.1.93 that an offence was registered on the basis of the complaint of Shri S.D. Salwan. The FIR was registered on the basis of the letter received from the Police Headquarter. The FIR also mentions that Mr. Salwan filed an affidavit before Justice Ranganath Mishra Commission of Inquiry. The complaint of Mrs. Harjit Kaur was a part of FIR No.1056. The persons named in the complaint were not arrested by the police. My attention was drawn to page 341 of file Exhibit No.W68/1, I say that it is a complaint by one Sardar Jokhan Singh, dated 16.11.84. It was a complaint in respect of the incident of 15.11.84. He has a complaint about some derogatory remarks made against Smt Indira Gandhi. I cannot explain why this complaint was made a part of FIR 1056. It is correct that the court discharged the accused in case FIR No.1056 as no Test Identification Parade (T.I.P) was held and no recovery was made. It is so written in the file at page no.172 that challan filed against accused persons in case FIR No.1056 was in respect of shop no. H-26 and H-27 for looting goods from those shops. It is true that 112 police personnel as shown on page 13 of file Exhibit No.W68/3 were deployed on 1.11.84. 30 persons were deployed at Teen Murti Bhawan and 82 persons were deployed on VIP routes and sensational points. I cannot say from the record as to how many persons remained in the police station after deployment of 112 persons. It is also true that 55 Home Guards were deployed in the morning of 1.11.84. It is correct that the entries 6,9,10,11,12 & 14 of Daily Diary Register – B dated 1.11.84 shows that about 55 policemen with about 55 Home Guards were deployed in Divisions nos.1 to 8 which covers the entire area within the jurisdiction of Police Station Connaught Place. It is true that police Constable Kailash Ram had a wireless set with him. I cannot say whether the SHO has remained through out the day in the police station on 1.11.84 or whether he had also gone for patrolling duty in the area within his jurisdiction. What action was taken on Daily Diary entry No.26 is mentioned at Appendix–C at page 9 of file Exhibit No.W68/3. I cannot answer the question whether the action taken is recorded in the Daily Diary as many entries are in Urdu and I am not conversant with Urdu language and there is no entry in Hindi. After receiving the information recorded as entry no.28 of Daily Diary register, the police had gone to that place and found that no crowd was there and only people were moving here and there. My attention is drawn to entry no.31 of Daily Diary register of 1.11.84. It is in respect of an incident which had taken place near Jantar Mantar. As recorded in the Appendix-C at Page-10 a police party was sent to that place and it has found that 8 vehicles behind Jantar Mantar had been burnt and the mob had gone towards Connaught Place. It is true that in respect of action taken by the police pursuant to any information received by it an entry is made in the Daily Diary register. I say that in entry 10-A at page 59 of file Exhibit No.W68/3, it is stated what corresponding action was taken by the police. ( Witness volunteers and say that FIR No.1056 was recorded pursuant to action taken. ) Cross deferred. Read over and found correct
( ANIL DUDEJA )
( G.T. NANAVATI ) ( Witness No : 68 ) Name : Shri Anil Dureja On SA ( Cross examination continued )
The witnesses was asked to reply certain questions which were given in writing by the learned counsel Shri H.S.Phoolka. The witness had prepared the answers and tenders the same as evidence. A written answers were taken on record as part of evidence ( marked as Annexure ‘A’ ). [ The witness also produced case file of FIR No.17 of 1993 in respect of the incident which had taken place at 10, Marina Arcade, Connaught Circus (the file is now given exhibit No.W68/9. ) ] Vedi Tailors is in Block–N of Connaught Place. The distance between N and M Block is about half a kilometer. My attention is drawn to the map and I now say that only one road intervenes between M-Block and N-Block. The width of the road is about 60 ft. L-Block is next to M-block and on the other side of N-Block. The distance L-Block and H-Block is about 2 furlongs. There are two radial roads in between. Marina Hotel is in G-Block. From the closest point of Block–G the Regal Building is about 50 ft. The gate of Jantar Matar from Regal building is about 100 mts. The FIR mentions the different places where the incidents had happened. Those places are Vedi Tailors, M-Block, L-Block, G-Block, H-Block and Regal Building. As stated in the FIR all those violent acts were committed by the same mob. Those incidents had taken place between 1.45 PM to 5.00 PM. The FIR was recorded at 7.15 PM in the evening. After receiving information relating to Regal Building, SI Satish Chander was informed through a Home Guard. SI, Satish Chander had then sent Rooka from the spot and on that basis an entry was made in DD entry no.10-A and on the basis of that entry FIR 1056 was registered. It does not appear clearly from the FIR as to from which place the Rooka was sent. But the last place he visited by him had been mentioned as Jantar Mantar. After reading the FIR I cannot say what action was taken by SI, Satish Chander on the Regal Building. After reaching the Marina Hotel the police had tried to call the fire brigade. I say that entry 52-B refers to the incident which took place at Minto Circus. I say that Minto Circus is in L-Block. Entry 61-B refers to the action taken and it mentions that the action was taken at 5.00 PM. The entry at 61-B was made at 8.50 PM in that entry it is mentioned that the action was taken at L-Block was at 5.00 PM. The information regarding the incident at Minto Road was received at 7.15 PM as per DD entry No. 52-B. After perusing the entries in A & B of the DD register, I say that there is no entry showing any incident having taken place in the morning at either Shankar Market or Super Bazar on 1.11.84. The first incident that was reported of Supar Bazar was at 1.46 PM. In respect of the incident the entry further shows that the police staff was sent there for taking appropriate action. That said entry and also the DD register does not contain details regarding further action taken by those persons. The witness volunteers that the annexure – C of the report of the file exhibit No.W68/3 it says that as no police force was available at the Police Station - one SI and two constables who were at Imperial Hotel were sent to that place. It is further stated therein that the situation was controlled and no further incident had taken place. I cannot say on what basis the SHO had made that report. I am not able to find any entry in the DD register as regards what action was taken with respect to the incident of the burning of the taxis and the taxi stand at Janpat. This information was received at 14.26 that entry is contained in the wireless log book. I say that in appendix –C to the report in file exhibit No.W68/3 it is stated that the staff at Janpat was directed to take the action and control the situation. CP-2 is the call sign of the officer of Connaught Place Police Station. CP-6 is also call sign of the officer of the Connaught Place Police Station. DD No.5-A made at 11.00 AM states that till 11.00 AM no information worth taking note off is reported. There is a similar entry at 1.00 PM also. Similar entry was at 3.00 PM also. At 7.00 PM also there is an entry to that effect. The entries No.4-A and 7 of DD – A of 2.11.84 are with respect to the incidents which had taken place at H-Block and M-Block. I do not know how many shops of Sikhs were there in the connaught place in November ’84. I also do not how many sikh taxi stands are there in November ’84 in that area. I cannot say if shops of all the Sikhs were looted and burnt by the rioters mob. I cannot say if all the taxi stands and all the taxis of the Sikhs in the area were burnt by the rioters mob. Fire station next to Super Bazar falls within the jurisdiction of Connaught Place Police Station. I cannot say whether it is a biggest fire station of Delhi. Fire station is opposite to M-Block. I cannot say as I have no personal knowledge that the shops of Sikhs which were looted and burnt were in presence of police. Read over and found correct
( ANIL DUREJA )
( G.T. NANAVATI )
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