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BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY ( Witness No : 76 ) Name : Shri Mahinder Singh Chikara On SA In October - November 1984 I was posted as SHO, Desh Bandhu Gupta Road (DBG Road) Police Station. On 31.10.84, I received a message from the office of DCP to attend a meeting there. I had attended that meeting. There we were directed to remain alert and to make appropriate arrangements so as to no untoward incident takes place. I had informed my staff about the instructions and had made necessary deployment. On that day at about 9.00 PM, I had received some information that some students had gathered near Tibya College. So I reached there at about 9.55 PM. There the boys had broken one glass of a bus. I dispersed the crowd and then returned to the police station. I had also received a message that near Dev Nagar a crowd had collected and they were stopping buses. I had gone there but I had not found anything. At about 10.07 PM, I received information that there was a fire at a shop in the Tyre market in Sidipura. I went there. There was no crowd but the shop was burning. I sent a message to the fire brigade. Thereafter I had continuing patrolling within my area upto 1.10 AM. In respect of the burning of that shop a case was registered as FIR No.591. On 1.11.84 at 7.00 AM I received information that there was fire in the shops of the tyre market, near Filimstan Cinema. I reached there by about 7.05 AM. Large number of persons had gathered there. I first dispersed the crowd and then made arrangements for calling the fire brigade. I had seen three to four shops burning. While I was there at 7.06 AM I had received information that a shop was burnt opposite DCM factory. I had gone there as there was a big crowd of 2000 persons, resorted to lathicharge to disperse the crowd. The shop was burning there and the fire was extinguished. Throughout day I received more than 20 information regarding happening of some incidents and I visited those places. A file is shown to me ( which is now given exhibit No.W76/1) contains my movements on that day. In all 7 cases were registered between 31.10.84 and 4.11.84. Their numbers are FIR No.591, 593, 594, 595, 596, 597, 598 of 1984 and 296 of 1992. The last FIR was registered on the basis of the affidavit filed before Justice Ranganath Mishra Commission of Inquiry. I am shown one file ( which is now given Exhibit No.W76/2) it contains my report about the incidents and other relevant papers. I am shown log book ( which is now given exhibit No.W76/3) it is from the period 27.9.84 to 31.10.84. I am shown another log book ( which is now given exhibit no.W76/4) it is for the period 1.11.84 to 2.11.84. I am shown another log book (which is now given Exhibit no.W76/5) it is for the period from 3.11.84 to 15.11.84. In all 3 murders of Sikhs had taken place within my area. One was of Shri Gurvinder Singh who was killed near Gurudwara at block no.66, New Rohtak Road. That case was registered as FIR 597. Another murder was of Jasbir Singh. He was injured and taken to the Lok Nayak Jai Prakash Narayan Hospital. I had received information from the hospital and on that basis the FIR was registered. He died subsequently. That case was registered as FIR 595. The third murder was of Narinder Singh. That was near Dev Nagar Quarters, near Gurudwara, Desh Bandhu Gupta Road. That case was registered as FIR No. 598. Cross deferred Read over and found correct ( MAHINDER SINGH CHHIKARA )
( G.T. NANAVATI ) ( Witness No : 76 ) Name : Shri Mahinder Singh Chikkara On SA [ Cross examination continued ] I have prepared replies to the questioner submitted to me. I am tendering it as part of my evidence ( It is taken on record and treated as part of his evidence – Annexure ‘A’). The DCM factory is about 2 to 3 furlongs away from Filimstan Cinema. After receiving information regarding fire in the shop opposite DCM factory I reached that place by about 7.10 AM. I was near Filimstan for about 2 to 3 minutes. I waited near that shop opposite DCM for about 10 to 15 min. When I reached near that shop I had seen a mob of about 2000 to 3000 persons. There was one head Constable and two sepoys with me. I had my revolver with me. I do not remember whether Head Constables and Constables who were with me had any fire arms. One upper subordinate and two constables were on patrolling and arrangement duty on that area. The upper subordinate can be SI or ASI. After reaching there we had resorted to lathicharge to disperse the crowd. After dispersing the crowd I had extinguished the fire. Thereafter I was patrolling in the area. Thereafter I had gone towards Filmistan. I remained in the area for patrolling and arrangement purposes. While doing patrolling and arrangement, I used to disperse the crowd wherever I noticed them and I used to wait at a place wherever it was necessary. I had waited near Filmistan, Tyre market for some time. After visiting Filmistan I had gone towards Gaushala Marg. Again I was near Filmistan at about 10.40 AM. I might have waited there for sometime. Again I had gone to Gaushala Marg. Thereafter I had not returned to Filmistan. The tyre market is about 5 furlongs long. After visiting various areas including Anand Parbat and new Rohtak Road, I had returned to Filmistan. On that day I had gone on Gaushala Marg twice. I had gone on Gaushala Road first time at about 8.30 AM. Second time I had gone there at about 10.30 AM. I cannot say how long I had remained there but I remained there as long as it was necessary. I cannot say whether I had waited on that road for more than 15 minutes. I cannot say if I remained there for about half an hour. The tyre market is from Filmistan to DCM and I had gone on that road for 2 to 3 times on that day. Since Filmistan, DCM and Gaushala Road are in the tyre market, I cannot say exactly how many times I had gone to tyre market. I had been in the tyre market area right between 7.10 AM till about 10.50 AM. I had waited near the tyre market either for sometime or depending upon the requirement. Tyre market cannot be reached by any other road except by passing near Filmistan or by passing over the Gaushala Road. I had gone outside the area of my police station twice on 1.11.84. Once I had gone to the house of sardar Jaspal Singh who was Addl. Sessions Judge at that time. I had gone to help that family. Second time I had gone to the house of Sardar Sohan Singh in Dev Nagar. I had rescued the inmates of his house which was set on fire. I had gone to Dev Nagar and Sant Nagar as I had received information that there was fire in that area. I had gone to the houses of Jaspal Singh and Sohan Singh between 11.00 AM and 12.00 Noon. Whenever I had gone to the tyre market I had either gone through the Filmistan or Gaushala Marg. On 1.11.84 there were two murders and four other incidents of violence in my area. As mentioned in FIR 593, 8 vehicles were burnt on 1.11.84 in my area. The vehicles were burnt on Doriwalan, Manakpura, East Park Road and Rani Jhansi Road. One or two shops were set on fire on Doriwalan road. As far as I know no house was burnt in Doriwalan. It is true that in the FIR it is mentioned that some houses in the Doriwalan were looted and burnt. It is true that some cars were burnt on Rohtak Road and Liberty Cinema. These incidents are included in FIR 594. It is true that, that it is mentioned in FIR No. 594 that the mob had set on fire House No.25-B/80, New Rohtak Road. It is also mentioned in the FIR that two motorcycles and one scooter were also burnt. It is true that in the Prahalad Market also some shops were set on fire. I cannot say whether all the 36 incidents referred to in list ( list taken on record and marked as exhibit No.W76/5) shown to me were investigated alongwith FIR No.598 as the file relating to that FIR is in Urdu. The file which is shown to me is the case file of FIR No.598 ( which is now given exhibit No.W76/6). I do not know where the case diaries of other FIRs are. Whatever complaints were received from the public, the same were investigated alongwith the FIRs which were already registered. I do not remember how many complaints were received but I do remember that all the complaints are entertained and investigated. I cannot say why so many incidents of violence had taken place within the area of my Police Station. The force which I had with me on 1.11.84 was not sufficient for dealing with the incidents which had taken place in my area. I had asked for additional force. The first requisition was made in the morning of 1.11.84. The second time it was also in the morning and that it was at 10.15 AM. I cannot tell exact time when I had asked for the additional force for the first time. I had again asked for additional force at about 10.45 AM. After 5 minutes I had again demanded for the additional force. I and my police station has made such requests for 5 times. I had informed my static set staff for informing superior officers for additional force. The said information must have been conveyed to ACP and DCP. I say that the information must have been conveyed as the additional force with the senior officers had come. The entry made at 8.00 AM in log book (exhibit No.W76/1) mentions that the direction was given for sending additional force near Filmistan. At about 10.10 AM, the DCP and Addl.DCP had come with additional force near Filmistan. The additional force must have been deployed at the appropriate places by those higher officers. The said additional force was moving alongwith the higher officers. That was not made available to me. I cannot say what exactly was the strength of that force. Since I was not there I cannot say how many persons had come. I had gone to that place while DCP and ACP were still there at that place. I might have waited there for 10 minutes. I cannot say how many persons were with those officers as they were deployed at different places. There were two vehicles of the officers and one vehicle for the additional force. The said force did carry arms. I know that the senior officers had visited some other places also on 1.11.84. They had visited DBG Road and Doriwalan. The DCP and one ACP had gone to DBG Road and one ACP had gone to Doriwalan. One ACP had also gone to Gurudwara in Block No.66. When I reached Filimistan, I had noticed that a mob was there and the higher officers were trying to disperse the same. I had returned from that place after the mob was dispersed. The officers had left that place two minutes earlier, before I had left that place. Addl. CP had visited DBG Road. He had thereafter gone to Dev Nagar area. The Addl. CP must have visited that area between 11.00 AM to 1.00 PM. I had met Addl. CP in Dev Nagar area. By the time Addl CP had visited the area the acts of violence had taken place within the area of my police station. I had not talked with the Addl CP as he himself was busy in dispersing the crowd. He had done so near the house of sardar Sohan Singh in Dev Nagar area. I had not met him while he was on DBG road. I do not know if he tried to disperse any crowd on DBG Road. I do not know where he had gone after passing through DBG road. I was not informed about his movement by any one. There was some force with the Addl. CP. I do not know how many persons were there. The force was armed. No body had informed me about any action taken by Addl CP in my area. It is not true that every time any action is taken by the Addl CP in the area of particular Police Station then the SHO of Police Station is informed about it and that entry would be made to that effect in the record of Police Station. I had not come across any rule which requires that if any action is taken by higher officers by way of firing or lathicharge then that information is conveyed to the police station and so recorded in the police station. I do not remember whether I had talked with Addl. CP on 1.11.84. As one can reach to Dev Nagar while passing through DBG road. I had earlier stated that Addl. CP had also gone through DBG Road. I was not told by anyone that Addl.CP had gone through DBG Road. It is my inference that he might have passed through that road. I do not know if the Commissioner of Police had visited the area of my Police Station. When the Commissioner of Police visits the area of a particular Police Station than such information is generally conveyed to that Police Station. I do not recollect if any information is received in my Police Station regarding the visit of Commissioner of Police. I might have reached at about 1.00 PM at Sohan Singh’s Place. The DCP and ACP were already there when I reached there. I cannot say how much force was with them. I cannot say whether it was the same force which accompanied the DCP while the DCP visited tyre market. But the force was with DCP. On 1.11.84 there was a picket at Khalsa College. It consisted of two constables. I cannot say today whether they were armed or not. Prahalad Market is near Khalsa College. The constables did not have wireless sets with them in those days. In those days the wireless was only with SHOs. In my police station the wireless set was with me only and probably with officer incharge of police post. I had arrested four bad character persons but I cannot give the date on which I had arrested them. Though there is an entry on 3.11.84 regarding arrest of 4 persons, it is not possible to say from that entry as on which date they had been arrested. I had received an award for the good work that I had done during those days. It is possible that some officer from my district had visited my area on 1.11.84. But no other officer from other district had visited my area. I do not remember whether any such officer of my district had met me on that day. The accused in FIR No.598 was convicted by the court. I do not have a copy of the judgment in that case. In the FIR register, it is so recorded that the sentence which was imposed on the accused was the sentence already undergone by the accused. I had made efforts to get the judgments but they are not available. The accused of FIR No.598 was arrested from the spot. The challan in that case was filed for the offence u/s 380 and 411. In the FIR there is a reference to the offence punishable u/s 302 of I.P.C. The said case was investigated under my supervision. The accused in the case was chargesheeted for the offence punishable u/s 380 as he was concerned only with the theft of stolen property. He was not found connected with the case of murder. [ Cross examination deferred ] Read over and found correct ( MAHINDER SINGH CHIKKARA ) ( G.T.
NANAVATI ) ( Witness No : 76 ) Name : Shri Mahinder Singh Chikkara On SA
[ Cross examination continued ] I cannot exactly tell from which spot the accused in FIR No.598 was arrested. That can be stated only by Investigating Officer. I cannot say from the record available that from which exact spot the accused was arrested. The accused who was arrested was not named in the FIR and therefore the FIR does not contain any specific role performed by him. During the investigation it was found that he was in possession of articles which he had stolen from Desh Bandu Gupta Road (DBG Road). As mentioned in the challan the goods which were found in the possession of the accused were stolen from House NO.T-1714, DBG Road. Only Investigation Officer can say at what time he was arrested. As the file is in Urdu, I cannot say whether the time is mentioned anywhere in the file. I cannot say the time of arrest as it is not mentioned in the challan. I am shown one entry in the case diary, since it is in Urdu, I cannot say whether the accused was arrested on 28.11.84. It is true that the name of the accused is in English. It is true that it is mentioned in the challan that the accused was arrested on 16.1.85. I had said that the accused was arrested from the spot because his residence is near the place where he was arrested. I had gone to East Park Road at about 8.45 AM on 1.11.84. I had seen a crowd there. The crowd was of about 300 to 400 persons. Some vehicles and one shop were burnt there before I had reached there. Number of persons were arrested by the police from the spot. Some persons were arrested before I reached there. Some were arrested while I was there and some were arrested thereafter. The offence which had taken place there was registered as FIR No.593. The case diary of that case is not available with me. The persons were rounded up from the place and only after investigation and ascertaining their role they were arrested. ASI Tejpal was the Investigation Officer and he has made attempts to find out who were involved in commission of that offence. Which attempts were made can be said only after looking at that file. I had gone to the Gurudwara situated in Block 66, New Rohtak Road at about 3.00 PM. The incident of burning of person had already taken place. Some of the policemen were present there when I had reached there. The mob was present there and the police was trying to disperse the mob. The crowd consisted of about 500 to 600 persons. My attention is drawn to ( file Exhibit No.W76/2 ) at page 18, I say that it is the report made by SI to Office of the DCP on 20.3.1985. It was in reference to some information called for by the Office of DCP vide letter No 22/R/DCP-C/SE-Cell dated 19.3.85. I was the SHO on 20.3.1985. The information that was called for was in respect of offence which had taken place between 30.10.84 to 4.11.84. ASI, Devender Kumar was the Investigating Officer in FIR No.598. Very probably he might have retired from service. SI, Ishwar Singh was the Investigating Officer of FIR No.597. He is in service. I cannot say where he is posted at present. SI, Shiv Dayal was the Investigating Officer in FIR No.596. He is still in service. ASI Tejpal was the Investigating Officer of FIR No.595. Probably he is in service. The pickets used to inform me from time to time about the situation as and when I went there. I used to inform my superiors officers about the situation within my area. I used to convey information to ACP. I did not contacted DCP but as and when he enquired, I informed him about the situation. Daily Diary entry 30-B on page 96 ( file exhibit No.W76/2) is with respect to the information received from JPN Hospital about Shri Mahinder Singh and Ranjit Singh who were injured by knife blows, having been admitted in the hospital. The information was that they were injured while they were traveling in a DTC Bus. That information was passed on to the incharge police post Shidipura. The police post shidipura was within the area of my police station. No separate FIR was registered in respect of that incident. Read over and found correct ( MAHINDER SINGH CHIKKARA ) ( G.T.
NANAVATI ) ( Witness No : 76 ) Name : Shri Mahinder Singh Chikkara On SA [ Recalled for further examination in chief ( Re-examination) ] Today I have brought a photocopy of FIR No.592. It is in respect incident of one sardar who was stabbed at New Rohtak Road. The FIR is registered on 1.11.84 itself. [ The copy is taken on record and marked as exhibit No.W76/7 ]. This incident is also referred to in DD entry 30-B dated 1.11.84. Read over and found correct
( MAHINDER SINGH CHIKKARA ) ( G.T.
NANAVATI )
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