( Witness No : 99 )

Name : Shri Daryao Singh
Age : Years
Occupation : Retd. Inspector, Delhi Police
Address : Late Shri Mangal Singh, 185, -- IP Extension, Delhi

On SA

On 31.10.84 I have received a message from Air Net that the Prime Minister of India has been shot and that no body should discuss or make any inquiry about it on the wireless. Thereafter I had received a message from the Commissioner of Police that all police force should remain alert and shall not go out on duty. At about 2.00 PM, I had received a message from DCP (East) that though there was no tension, there was a possibility of some attacks on Sikh minority community. All these messages have been recorded on page 81 of Exhibit No.W85/10. On 31.10.84 I had taken steps for patrolling and no untoward incident had taken place within the area of police station Farsh Bazar.

On 1.11.84 at about 7.40 AM I had setup 13 pickets at sensitive points including Gurudwaras. I had kept on patrolling the area. At about 11.00 AM I had received information that a mob had surrounded the house of Shri P.S. Bhinder, Former Commissioner of Police, Delhi. After reaching there I dispersed the crowd. Whatever Wireless messages were received about the incidents are recorded in exhibit Nos. W85/10 and W85/11. Whenever there were reports regarding some incidents taking place, necessary steps were taken for going there and dispersing the crowd. One death of sikh was reported on 1.11.84 from 60 ft Road near Viswas Nagar. The victim was the mother of Sardar Harbans Singh. Her house was previously set on fire. For this incident FIR No.428 was registered.

Another death of Sardar Ranjit Singh was reported on 2.11.84. That was also at 60 ft. Road. That FIR in respect of that incident was registered as FIR No.432.

On 4.11.84 I had received a complaint from Smt Durga Devi that her son, daughter-in-law and her grand son were killed near Jwala Nagar, Ramlila ground. An offence in respect of that incident was also registered as FIR No.434. I had resorted to firing on 1^st, 2^nd and 3^rd November, 1984 for dispersing the crowd. In all we had fired 52 shots. As there was no tear gas shell available in our police station we had not resorted to that. There was no lathicharge.

On 3.11.84, Swaran Cinema was set on fire at about 9.30 AM and I had rushed to that spot and resorted to firing and dispersed the crowd. Addl. CP had also come at that place.

On 1.11.84 also the crowd had tried to set the Swaran Cinema on fire, but I had rushed to that place to prevent any untoward incident from happening and dispersed the crowd. The DCP had also reached there on that day and the police was posted to prevent any violence. On that day reserved Inspector Shri Bhagwan Singh at Swaran Cinema, had resorted to firing to disperse the crowd. I had also resorted to firing after reaching there.

The report which is shown to me ( Exhibit No. W85/9 ) was made by me. It is true that the annexure to the report has no mention of any firing on 1.11.84. The witness volunteers and states that in view of the pressure of the work he has omitted to mention that fact.. I cannot say without seeing the record that such an entry was made in other register or anywhere else including the other reports contained in the file.

When I had reached the house of Mr. Bhinder the crowd was of about 50 to 60 persons. I was on the motorcycle and I have one constable with me. On seeing the police and on our making gestures to disperse they had run away. There was no attack on the house of Mr. Bhinder thereafter. Section 144 Cr.P.C was under promulgation on 31.10.84 at about 7.00 PM. I had received the message regarding the imposition of curfew at about 10.45 PM on 1.11.84. I had not received any information regarding that earlier. On 1.11.84 I had seen mobs at about 10 to 11 places. As I was busy in trying to save the people and property from being attacked at, various incidents of those types had taken place and as the persons in the mob used to run away on seeing the police, I had not arrested anyone from the crowd inspite of imposition of section 144 Cr.P.C. order. I used to inform the higher officers regarding the situation within the area of my Police Station. I had kept the DCP informed about the incidents which had taken place.

The army had arrived in my area on 2.11.84 at 3.00 to 4.00 PM. After referring to entry made at 1440 Hrs on 3.11.84 reagarding appointment of Shri R.P.Mishra as Magistrate in the log book ( Exhibit No.W85/11), I cannot say why he was appointed. As far as I remember the army had resorted to firing at Kusturba Nagar Area on 3.11.84. The army was staging flag march and their officers had informed that there was firing at Swaran Cinema. That information was received by me at about 9.45 PM. By that time army had not resorted to firing at that place. Even thereafter also the army had not resorted to firing at that place. I do not remember whether I was with the army when it had resorted to firing in Kusturba Nagar. I used to accompany army whenever they staged a flag march in the area. I also do not remember that whether any Magistrate used to accompany the army or not.

The report at pages 12 to 17 in Exhibit No.W85/9 is also my report. On 2.11.84 at 0003 Hrs. a message was received from DCP (East) [Echo-I] that wherever there were road blocks and burnt articles are seen, all those things should be removed during the night as soon as the force is received. We had complied with the said directions but I cannot say to what extent we were able to remove those things. The burnt vehicles found on the roads were taken to the Police Station. As regard the other burnt articles which were lying near the shops and houses, I cannot say what action was taken by the other police officers who possibly had removed them. In all 18 vehicles were burnt in my area. As far I remember the concerned Investigating Officers (IOs) must have made those vehicles as case properties. I cannot say whether any burnt vehicle was made as case property in any case without going through the record. It is not true that burnt articles were thrown away by the police, with a view to see that no trace is left of those articles.

I was posted at that police station on 24.6.83 and I remained there till 17.11.84. As the mobs were too big I was not able to find out who was raising slogans and who were leading them but I could see that some persons in the mob were from nearby localities particularly from the Jhuggi clusters and some were outsiders. I had not noticed persons in the mob coming in vehicles. I had made preventive arrests on 2^nd and 3^rd November, 1984. Four or five of them were bad characters of my area. It is true that in the message received by the Police Station from the DCP (East) it has been stated at 2355 Hrs. all the bad characters and ruffians in the area should be arrested by 4.00 PM. It was also mentioned that if the SHOs did not comply with the directions then action would be taken against them. It is also true that there is an entry in the Log book made at 2358 Hrs. that the CP had sought information as to how many bad characters had been arrested. In reply to this query a message was sent as recorded as a entry at 2358 Hrs. that no body was arrested. I say that in the Daily Diary Register-A at entry No.14, it is mentioned that the arrested bad characters were brought to the Police Station at about 12.05 in the night between 2^nd and 3^rd November, 1984. There is also one entry made at 1.45 PM in the night showing that 7 preventive arrests were made. I say that in respect of all the 23 preventive arrests made. On the basis of the record I can say that all the preventive arrests were made after the direction was received from the DCP to that effect. A message was received at the Police Station from the Control Room at 8.45 AM on 5.11.84 that photographers and press reporters should not be permitted to enter into the camps which are in the Police Station. According to the message this direction was from DCP (East).

There was a relief camp in Farsh Bazar Police Station. It has started from 1.11.84. There was another camp set up at Teliwara Gurudwara on 2.11.84.

Between 31.10.84 and 5.11.84, DCP (East) had visited the area of my Police Station many times. The DCP had visited the area four to five times on 1.11.84. He had also visited Teliwara Gurudwara on the night of 1^st and 2^nd November, 1984. The Addl. CP had visited the area of my Police Station on 3.11.84. It is not true that Shri H.K.L. Bhagat had visited the relief camp on 3.11.84. I had not seen Shri HKL Bhagat coming to the relief camp at my Police Station on any of those days. It is not correct to say that he had visited the police relief camp and he was attacked by the persons residing in that camp and police had to escort him out of the relief camp. On 3.11.84, I was with the army while they were doing the flag march. On 4.11.84, I do not remember where I was through out the day. Very probably I was with the army through out even on 4.11.84. I do not remember where I was on 5.11.84.

I cannot say how many incidents of violence had taken place in the area of my police station Farsh Bazar. Only thing that I can say is that in all 8 offences were registered. I cannot say how many persons were injured between 31.10.84 and 4.11.84 in my area. I cannot say that these 36 incidents of violence as mentioned in the list (Exhibit No.W99/1) shown to me were investigated with FIR No.431.

I had received a reward of Rs.5000 for controlling the mobs. I has also received a ‘Saropa’ from the Teliwara Gurudwara.

Read over and found correct

( DARYAO SINGH )                                                                                                               ( G.T. NANAVATI )
 6^TH November, 2001                                                                                                               6^th November, 2001