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BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY ( Witness No : 75 ) Name : Shri Hardeep Singh On SA At present I am posted as ACP, Public Grievances Cell, South West District. In November-December, 1984, I was SHO, Police Station Rajinder Nagar. There was no incident relating to Anti-Sikh Riots within the area of police station on 31.10.84. A meeting was called by DCP, Amod Kanth in his office and all the ACPs and SHOs were briefed about the situation and were told to take appropriate steps for maintenance of law and order. I have continued patrolling within my area and appropriate arrangements were made. On 1.11.84 pickets were deployed at various places in the area and I had continued patrolling from 7.00 AM. At about 9.15 or 9.30 AM, while I was patrolling, I received a information that a mob had collected near JJ Colony, inderpuri and they had surrounded certain Sikhs. I had proceeded with my force to that place and found that a crowd of about 7000 – 8000 persons had surrounded Gurudwara there. The crowd told me that the sardars are having arms and ammunitions with them and therefore, they should be arrested and disarmed. I had then told the crowd to select about four to five persons of Hindu community for going inside the gurudwara and to satisfy themselves whether the Sikhs were having arms and ammunitions. Those selected 5 persons then went inside the Gurudwara and had not found any arms with the Sikhs. They declared to the crowd that sardars are not having any arms. Even though the crowd was insisting upon arresting the sardars, I therefore sent a wireless message to send a van so that the sardars inside the Gurudwara can be sent to another place. After the van had come and when the sardars were being taken into the van the mob had started pelting stones. There was a heavy pelting of stones. I was badly hit on my head by one of the stones and started bleeding. I was thereafter, carried by some persons from the mob to Willington Hospital (Dr.Ram Manohar Lohia Hospital). After being treated in the hospital, I had gone back to my police station. My DCP then told me not to proceed to the place of incident as I was badly hurt. Even then I went to that place as I was told that firing was going on there. The DCP and ACP alongwith the force had reached there by that time. The firing had already stopped. The mob had run away from that place. We recovered five dead bodies of Hindus. Therefore a case was registered at the Police Station as FIR No.474. A file is shown to me ( which is now given exhibit No.W75/1) is the case file of FIR No.474. I had thereafter continued patrolling in my area as there were incidents of looting and burning of shops and there was an incident of attack on two sardars. I visited those places. By the time I reached to those places the crowd had run away from that place. I therefore registered this offence as FIR No.473. A file is shown to me ( which is now given exhibit No.W75/2) is the case file of FIR.473. There was no other incident during the day. I continued patrolling during the night also. On 2.11.84 also I had continued patrolling in my area. No incident of attack on Sikhs or their properties had taken place on that day. On 3.11.84, in the early morning at 4 or 5 AM, I had received information that about 8 dead bodies of Sikhs were lying on Ritz road. I did not find of any sign of violence there. Only 8 dead bodies were found lying there. I brought them to the police station and registered an offence vide FIR No.475. The case file of that case has been transferred to South District. After perusing a copy in the file No.----- (which is now given exhibit No.W75/3) I say that it contains a copy of the FIR on page no.40. I am shown file (Exhibit No.75/3) it contains my report, copy of the FIR and other relevant papers. One Shri Baljeet Singh had filed a complaint in 1985. On the basis of that complaint a case was registered FIR 37 on 17.1.85. After investigation it was found that it has no relation with 1984 Anti-Sikh Riots. I am shown a log book ( which is now given Exhibit No.W75/4) it is the log book of Rajinder Nagar Police Station for the period 28.10.84 to 15.11.84. Cross deferred. Read over and found correct ( HARDEEP SINGH )
( G.T. NANAVATI )
( Witness No : 75 ) Name : Shri Hardeep Singh On SA Cross examination by Shri H.S. Phoolka, Senior Advocate on behalf of November ’84 Carnage Justice Committee. I am tendering my replies to the questioner submitted to me ( it is taken on record and treated as part of his evidence ) On 31.10.84 it was apprehended that some untoward incidents may take place and some of them may take place against Sikhs and their properties. No person was arrested by way of preventive action on 31.10.84 and 1.11.84. In all 99 persons were deployed on 31.10.84 and 1.11.84. I was not required to resort to lathicharge or firing or lobbing of tear gass shells either on 31.10.84 or 1.11.84. The army had come in my area on the evening of 1.11.84. The mob which had collected near the Gurudwara on the morning of 1.11.84 had also caused damage to the Gurudwara. This incident was also included in FIR No.473 which was registered in the evening. In all about 130 complaints were received by the Police Station, during the course of investigation of FIR 473; They were also investigated alongwith the main incident. All those incidents were of 1.11.84. We had treated all the incidents as continuous incidents and therefore we registered only one FIR. We, the Officers in the Police Station, had decided all those incidents should be treated as continuous incidents and only one FIR should be registered. Even though section 144 Cr.P.C. was enforced, no action was taken to apprehend anyone from the crowd, as the crowd was of about 7000 to 8000 persons and we were only four or five persons. We had therefore thought it fit to meet the leaders of the crowd and try to pacify them as they were demanding arrest of sardars. The mod had continued to remain at that place even after the sardars were removed from the Gurudwara. The Gurudwara was set on fire after I had left for hospital after I was hurt. The fact that I was hurt was conveyed to the senior officers. When I had approached the Gurudwara I had noticed a big crowd and I informed the Control Room about it and I had also demanded for additional force. I was told that additional force was not available as such incidents were taking place throughout Delhi. Additional force was not demanded earlier as no such necessity had arisen. When reached the house of Shri Kirpal Singh Chawla it was about 5.30 or 6.00 PM. The police was present at that place when I reached there. I had found that the ground floor of the house had already burnt. Neither Mr. Chawla nor his family members were present at his house at that time. The ACP and DCP had already arrived there before I reached there. The police had not resorted to firing at that place. The police had also not resorted to the lathicharge. When I had reached the house of Shri Harjinder Singh in JJ Colony, it was about 7.30 to 8.00 PM. The DCP and ACP had also come alongwith me to that place. The mob started dispersing on seeing the police. Shri Harjinder Singh and family members opened the door only after seeing the police and then they came out. We had taken them to Police Station Patel Nagar. I do not know if his gun was taken over by the police at Patel Nagar Police Station. Harjinder Singh and his family members were taken to the Patel Nagar Police Station by the DCP in his car. On 2.11.84 at about 7.35 PM a gun of Harjinder Singh and four live cartridges and 11 empties were deposited in the ‘Mal - Khana’ of Rajinder Nagar Police Station. Within the area of Rajinder Nagar Police Station the incidents has happened only in the Inderpuri locality and in no other locality. There were about 11 to 12 police personnel deployed in Inderpuri area on 1.11.84. The deployment was till about 6.00 or 7.00 PM as thereafter the army and CRPF had taken over. There was 1 SI, 2 ASI and 9 constables. I cannot say how many fire arms they were carrying with them. The SI and ASI usually had revolvers with them. There was a flag march by the army and they were also patrolling. The patrolling had continued on 2nd 3rd and 4th November, 1984 also. The army was not required to resort to firing. We had tried to trace Kirpal Singh and Jagjeet Singh but they were not traceable on 1.11.84. They were not traceable till 4.11.84. The police who were present near the house of Jagjeet Singh had informed me that Jagjeet Singh and his brother had fired shots from their house when they were attacked by the mob. Since an offence of firing u/s 302 I.P.C. was registered against Kirpal Singh and Jagjeet Singh, warrants were issued against them and they surrendered before the court later on. I had decided to arrest them as they were involved in the commission of offence it was yet to found out whether it was done in self defence. It is incorrect to say that I had decided to arrest those two persons under the instructions of my superior officers. It is true that it is written in the case diary of the Investigating Officer, dated 26.11.84 ( Page 291) that the Investigating Officer had inquired from SHO as to what should be done with the two accused and the SHO had replied that he would discuss with the senior officers and would act according to the orders received from them. I say that I had not discussed about the course of action to be taken with any superior officers. I do not remember whether the Investigation Officer had discussed like that with me on that day. The said FIR was investigated under my supervision. It is incorrect to say that I had acted according to the orders of my superiors and it was not my decision to take steps to arrest those persons. It is also false to say that I am deposing falsely before the Commission to protect my seniors. The army had patrolled in Inderpuri and JJ colony localities only on 1.11.84. On 2nd and 3rd also they had patrolled those localities only. The unit of the army was stationed at Janki Devi College premises. The said unit of the army had patrolled within the area falling under my Police Station only. They had not moved to any other area. As a result of firing by Kirpal Singh and Jagjeet Singh, 5 persons from the mob were killed. It is not correct to say that the unit of the army was kept in the Inderpuri area because Jagjeet Singh and Kirpal Singh were not found. I was posted as SHO of Police Station Rajinder Nagar in September, 1984. The SHO would ordinarily know the political leaders within the area of their Police Station. It is true that Shri Brahm Yadav and Shri Mahesh Yadav were the leaders of congress party. They were residents of Todapur falling within my jurisdiction. It is not correct to say that the mob was led by Shri Brahm Yadav and Shri Mahesh Yadav. During the course of investigation of FIR No.475 relating to 8 dead bodies near Ridge road, two dead bodies were identified but since it was falling within the area of Police Station Delhi Cantt. the case was transferred to South District and I therefore cannot say without looking at the papers that whose dead bodies were identified. It is not correct to say that the incidents had happened in presence of police and police did nothing to prevent these incidents. Read over and found correct ( HARDEEP SINGH )
( G.T. NANAVATI )
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