BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 9 )

Name : Shri Daljinder Singh, S/o S Avtar Singh
Age : 45 Years
Occupation : Advocate
Address : 5217/6, Kishan Nagar, Karol Bagh, New Delhi – 5.

On SA

My father had filed an affidavit before Mr. Justice Ranganath Mishra Inquiry Commission that affidavit is shown to me and I say that it is the same. The same is marked as (W9/1). My father has suffered a paralytic stroke and he is not in a position to move. It is not possible for him even to speak properly. My father was one of the victims of the 1984 Anti-Sikh riots. Because of that incident he is suffering from trauma and even now he is under that influence.

In October, 1984 and even thereafter, I have been residing with my father. I was a witness to the incident mentioned in para 3, 4 to 31. What is stated in rest of the paragraphs is true to my knowledge as all that had happened is in my presence. My father had called up the authorities in my presence. I had not done anything as I suffered injuries on my face. On 31st October, 1984 at about 10.30 or 11.00 PM I had seen Shri Dhram Das Shastry the then MP of Congress (I), going to the house of Shri Tek Chand Sharma and Shri Rajender Pal Sharma which house was the first in our street. I had seen this from the window of our house. The distance between our house and Shri Tek Chand Sharma and Shri Rajender Pal Sharma is about 25 feet. Shri Rajender Pal Sharma and Tek Chand Sharma were old Congress (I) workers. It is appeared to me that there was a meeting at their place. I had seen him leaving their house after 10 – 15 minutes along with 10-15 persons. I had also heard Shri Dharma Das Shastry telling the persons with him, "as to how many of them were going to kill how many sardars". Mr. Dharam Das Shastry had uttered these words when he had come out of the house and was standing near his car.

Referring to para 9 of my father’s affidavit I say that in the same mob there were two or three persons who were earlier seen with Shri Dharam Das Shastry in the meeting. The mob which had attacked our house consisted of about 20 to 25 persons. The same mob had remained near our house and continued to attack our house for quite a long time. More and more persons had joined that mob by about 12.00 noon. The strength of the mob was then about 1000 persons. Most of the persons who had joined later were outsiders. Except about 25 persons whom I knew the rest were outsiders. They were carrying sticks and iron bars with them. They were almost of the same size. I had received injuries as a result of stone throwing by the mob upon us and I had in all received 30 injuries in person. There was one cut on the upper lip, and a fracture on my right shoulder. My five teeth were also broken in part. My brother, my sister, my mother and my father had also received injuries as a result of the pelting the stones by the mob. I and my father had tried to save the other members of our family by keeping kirpans in our hands.

The police had come at about 1.00 PM at the instance of one Mr.Manjeet. The policemen who had come was known to Mr.Manjeet. The police officer who had come was Sub-Inspector of police and he had two constables with him. The sub-inspector had a gun with him. He fired three shots in the air and as a result thereof the mob dispersed. The mob had not attacked us thereafter. While dispersing, the mob had looted one shop. My father tried to give a compliant when the police had come there but we were told that they had no time to note down the complaint. As the complaint was not taken down by said police. We had sent a written complaint on 4th November, 1984 through some one. According to my information the offence on the basis of our complaint was registered on 28.11.1984. Even though we had tried to pursuade the police to investigate the offence and to take action against the culprits. Practically nothing was done by the police. We had requested the policemen to come to our house off and on since we had been receiving threats and requesting them to take us to a hospital for medical treatment but no steps were taken by the police to take us to the hospital nor they had provided any medical aid to us. We had received medical treatment from my brother who was then a doctor in Safdarjung Hospital. The police had also not made any arrangement for providing any medical treatment. Even though we had given names and address of some of the accused in complaint but all were not arrested or charged. When the mob had attacked our house two big bamboos with iron hooks, which are ordinarily used for fixing up shamanas were used for breaking our main doors. Such bamboos are kept by these persons outside for fixing of shaminas. Mr. Tek Chand Sharma and Rajnder Pal Sharma were at that time doing the business of tent house. While the mob was trying to break our main door with those bamboos we had snatched two bamboos from them. The mob had also used pieces of ‘daris’ for setting fire our house. Those daris are also used ordinarily in tent houses. We had told the police that one oil tin containing oil was thrown at our house was also taken possession by us. We had requested the police to seize all those case properties but that was not done. Neither my statement nor my brothers statement was recorded. When the trail begin we had been requested the Public Prosecutor to seize the case property by moving application in the court but no such application was moved by him. In all 11 persons were put for trail but only two persons namely Shri Rajender Pal Sharma and Tek Chand Sharma were convicted. Rest were acquitted. I had requested the Director of Procecusion for filing an appeal but no appeal was filed by the State. My father had made a request in writing also. My father thereafter had to filed a revision petition in the High Court and it is still pending. I have got a copy of the judgment which was delivered in our case and I am producing the same as (W9/2).

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

After the offence was registered many accused were arrested by the police. It is true that only one piece of dari was taken in possession by the police during the investigation. The police had taken into their possession only those articles which are mentioned in para 26 – 27 of my father’s affidavit. But I say that many other important articles which which were not taken into possession by the police. No injury was caused to me by using those two big bamboos which were used for breaking our main doors. I had received injuries because of throwing of porcelain sanitary pipes at us. The pieces of sewer pipes ranging from 3 to 10 inches were thrown at us. That is how I had received injuries. The bigger pieces which were thrown at us had broken down into pieces after hitting us. On the basis of the complaint of my father an FIR was registered by the police later on. It is incorrect to say that the police had taken all those articles which were necessary for the purpose of investigation.

No cross examination was Shri K.K.Sud, ASG on behalf of Central Government.

Read over and found correct

(Daljinder Singh)                                                                                                        ( G.T. NANAVATI )

17th May, 2001                                                                                                                17th May, 2001

 

BEFORE JUSTICE NANAVATI COMMISSION OF INQUIRY

( Witness No : 9 )

 

Name : Shri Daljinder Singh, S/o S Avtar Singh
Age : 45 Years
Occupation : Advocate
Address : 5217/6, Kishan Nagar, Karol Bagh, New Delhi – 5.

On SA

Recalled for Cross examination at the request Shri S.S.Gandhi, Sr. Advocate, on behalf of Delhi Police

I do not know if my father had given any interview to the publishers of Illustrated weekly in India and the contents of the same were published in issue of Feb, 16-20, 1986. The learned counsel Mr. S.S.Gandhi produced a copy of the article published in the said issue after showing to the witness. It is taken on record and marked as ( W9/3). I do not know who was the SHO of Karol Bagh Police Station nor can I recognize him today as I had not seen him earlier. It is incorrect to say that the police had come to our house with a doctor for a purpose of treating injuries caused to our family members. It is wrong to say that the SHO had taken my brother to RML Hospital for treatment initially.

Read over and found correct

(DALJINDER SINGH)                                                                                               ( G.T. NANAVATI )

22nd May, 2001                                                                                                                22nd May, 2001