Thursday, December 08, 2016
Gateway to Sikhism

Kusum Lata Mittal Report


C H A P T E R – 3
E A S T D I S T R I C T

3.1.The District comprises the whole of trans- Yamuna area of Delhi, bordering Uttar Pradesh and inhabited by relatively poorer sections of the society.During November 1984 riots it had only nine Police Stations and two more added since then by re-organizing the existing ones.This District had three Sub Divisions, each under the supervision of an Assistant Commissioner of Police. Shri Sewa Dass, IPS., Deputy Commissioner of Police was in overall charge of this District.

Three Sub Divisions were: -

i) Gandhi Nagar: (Police Stations: Gandhi Nagar, Shakarpur and Kalyanpuri).

ii) Shahdara : (Police Stations: Shahdara, Seelampur and Yamunapuri)

iii)Farash Bazar : (Police Stations: Farash Bazar, Krishna Nagar and Seemapuri).

3.2.It was one of the worst affected Districts accounting for almost half the killings in Delhi.This was surprising as the District is very close to the Police Headquarters located just across the River and easily accessible.

3.3.The overall picture, that emerges from the perusal of various records shows that there was complete breakdown of law and order in this District during the riots.There are a number of allegations, not only against the subordinate police staff but also against the senior Police functionaries of this District.The police allowed the situation to go out of hand and of places, actively connived with the miscreants enabling them to carry on their activities with impunity.The general plea, taken by the Police officers that they did not have adequate force to deal with the rioters does not appear to be correct due to the following reasons:

(a)The available force did not take effective action to check the killings and looting.In the Police firing etc. shown to have been done, no injury to anyone, has been reported in police records;

(b)Nowhere the mob defied the police.Hence even small pickets could have been effective if they meant business and had the necessary will to control the situation.

3.4.Late Prime Minister was shot on 31st of October, 1984 morning.The main rioting and killings started on the morning of 1st November 1984, but in East District the incidents of violence had started on the evening of31st October 1984.(Affidavits of Mrs. Ravinder Kaur, wife of Mr. Amrik Singh No. 2778).Most of the killings had taken place on 1st and 2nd November 1984 but continued thereafter.The last major incident was on 5th November 1984 in which a Constable has been named as a killer (FIR No. 609) dated the 5th November 1984, Police station Shahdara.)

3.5According to the figures supplied by the Delhi Police, only 105 people were killed in this District.The actual figure was, however, much higher.The Relief Commissioner has given compensation to as many as 1,234 victims from this District.The Citizens’ Justice Committee (before the Misra Commission) has given the approximate number of deaths as 1,695.it is difficult to come to an exact figure but it can be safely stated that the deaths in this District were around 1,500 besides innumerable cases of arson and looting.

3.6.In spite of such massacre, the preventive action was almost negligible.No preventive arrests were made on 31st October, and 1st November 1984.On 2nd November 1984 there were only four arrests in Police Station Farsh Bazar.However, on 3rd November 1984, a number of preventive arrests were made but only after hue and cry was made in the press any by responsible citizens of the Country.

3.7.Not only this, in the initial stages of the riots only Sikhs (the victims) were arrested.This continued till late in the evening of 2nd November 1984 when Trilok puri carnage had surfaced.

3.8.A summary of arrests made and force stated to have been used by Delhi Police, as per their own records, is at Annexure ‘A’.

3.9.The above facts give a clear indication of the attitude of Police of this District towards the riots.The affected people who needed protection were the ones persecuted by the Police.Not only this, the licensed weapons of the Sikhs were also systematically taken away, thus enabling the mobs to kill the Sikhs without fear of any worthwhile resistance.

3.10.The removal of SHO Shahdara (a Sikh officer) and Inspector Badan Singh) another Sikh officer) from Swaran Cinema, both of whom were inclined to take effective action would have demoralized the police staff of at least two police stations.

3.11.The general attitude of the Police of this District can be visualized from the following three illustrative affidavits: -

(i)SHRI ANUP SINGHS/O SHRI CHET SINGH, RESIDENT OF J-1, EAST VINOD NAGAR, DELHI. AFFIDAVIT NO. 2809.

He describes the attitude of police who joined the crowd and were involved in the attack. They incited the mob by shouting “Kill Sardars, Loot and burn their houses, they are traitors, they are snakes, they have killed our mother”.They also refused to give protection on being requested by the local people.

(ii)SHRI HARBANS SINGH S/O SHRI PREM SINGH, RESIDENT OF J-7, EAST VINOD NAGAR, DELHI, AFFIDAVIT NO. 2815.

He describes how on his return from Kapurthala, Punjab, on the evening of 1st November, 1984, four armed Policemen standing near the Octroi Post near Shakarpur refused to let him rest near them and told him to go in the open fields nearby.Thereafter, they informed the mob coming that way that a Sardar had gone into the fields.He also describes how he was attacked by this mob and brought back in the Octroi Post but even then the Policemen gave no help.Since he had only one arm, he was not killed by the mob and only beaten and his hair was cut.He also describes how he learnt about the killing of his son and how on the 3rd November 1984 police carried away a truckload of dead bodies. He was cross-examined at length before the Misra Commission and stood his ground.

(iii)SMT. NANKI DEVI, W/O SHRI JOGINDER SINGH, RESIDENT OF A-3/500, NAND NAGRI DELHI. AFFIDAVIT NO. 2550.

The lady has described events on the morning of 1st November 1984 at a number of places as she had gone to Shastri Nagar early in the morning for work as usual.She had to pass through quite a few Police Stations walking all the way back home on foot.About the police, she had stated that at Bhajanpura Petrol Pump, 4-5 policemen along with the mob were beating up the drivers of trucks and burning them.When asked why they were doing this, they asked her to go away and mind her business.She later describes the killings of a number of people near her house in Nand Nagri in which she also lost her husband.

3.12. There was a deliberate attempt on the part of the police officers to with hold the information about killings.On 1st November, 1984 at 1600 hrs. Commissioner of Police had asked for certain details regarding deaths, injuries and arson but the same does not appear to have been communicated to him.The DeputyCommissioner of Police (East) on receipt of the Commissioner of Police’s message, had asked the SHOs togive this information to him but there is no record of his having passed it on to his superiors.

3.13.It reflects a rather sorry state of affairs that the Police Officers havedeliberately pleaded ignorance till late in the evening of 2nd November, 1984 regarding killings in Trilokpuri, Police Station Kalyan Puri where about 500 people were killed, in spite of a clear message from Police Station Kalyanpuri at 1510 hrs. on 1st November, 1984 to the Deputy Commissioner of Police (East).Even an army officer slitting as far away as Police Station Darya ganj could inform about me as killings but not the Police staff itself.For instance, message from East Control Room reads as under: -

“ 2nd November, 1984 – 1825 hours: Lt.Col. Informed office of Assistant Commissioner of Police/Daryaganj that many women and children have come to him weeping and all saying that people are indulging in killings in Block No. 34, Trilok Puri which has been totally deserted”.Lack of Knowledge of a large number of killings on the part of Officers of this District is, therefore, not at all acceptable.To give another example, in a report dated 11.2.1985, SHO Yamunapuri mentions that on 2nd November 1984, 29 dead bodies were found and sent for post mortem on that day.There are many similar reports in the logs and FIRs in the Police Stations including that of Police Station Kalyanpuri mentioned above.

3.14.There is evidence to indicate that attempts were made to quietly remove the dead bodies and dispose them of.A message from East District Control Room is quite revealing in this context:

“ 2nd November, 1984 – 1754 hours: E.O1/55/06 – Deputy Commissioner of Police/East be told to remove eight dead bodies lying in Vinod Nagar.From G.2 through police Control Room.”

3.15. The registration of cases was deliberately restricted to minimize the extent of the incidents of violence.In the first instance, the Deputy Commissioner of Police had ordered for registration of cases locality wise only.One of the Assistant Commissioners of Police has improved upon this direction by specifying the exact number of cases to be registered in his three Police Stations.

3.16.The functioning of the Police of this District can be judged from the fact that even after the details of massacres in Trilokpuri had come to light on 2nd November, 1984, afternoon, and heavy deployment of extra force stated to have been made, the incidents of killings and burning of dead bodies continued on the 3rd and at some places even up to 5lth November, 1984.

3.17.The army moved into the East District on 2nd November, 1984and camped at Shahdara, Seelampur and Yamunapuri.Apparently, even after the arrival of the army, the Civil Administration did not make effective use of the army.Hence violence continued.

3.18.The evidence forthcoming indicates that the Police in the District appeared to be under pressure and influence of local leaders and toughs for reasons best known to them.Subsequently, as late as 1987, quite a few cases have been registered at various Police Stations naming these so-called leaders and local toughs as accused.

3.19.The manner, in which it was decided by the senior Police Officers to deal with the looters of property, shows the pressure under which they were working as a result of which all legal and moral niceties were thrown to the winds.Nowhere does the law stipulate that perpetrators of looting and robbing be asked to return the property looted and robbed in return for which a general pardon can be granted to them by the Police.Yet this is exactly what had been done by Additional Commissioner of Police Shri Jatav in the following collective message which is in the nature of an order: -

“ 4th November, 1984 – 0737 hours: From E.G. – 3 – All SHOs should announce in their respective areas that those having looted property should deposit it at the Police Stations failing which legal action will be taken on recovery.,”

This clearly shows the nexus between the criminals and the police.That is why the Police Officers found it extremely inconvenient and embarrassing to take any action against the culprits.

3.20.The fact that the local Police and the so-called leaders were working in collusion is corroborated by subsequent attempts made by various police personnel to obtain affidavits before Justice Misra Commission absolving both the police and local leaders of the various charges.These affidavits have apparently been obtained through deceit and coercion as would be clear from their subsequent statements before the Commission.

3.21.The events are also an extremely had reflection on the functioning of the intelligence staff of the Delhi Police in the East District.Their names are at Annexure ‘B’.No worthwhile information was given by them to their senior officers.It is all the more reprehensible that information regarding East District reached Police Headquarters through Press Reporters and an army officer sitting as far away as Police Station Daryaganj, but the intelligence staff did absolutely nothing even though allegedly present in the field in these very areas.Suitable disciplinary action, therefore, needs to be taken against the Intelligence Staff for their lapses.

3.22.It is painful to note that despite killings, looting and arson going on such a magnitude, there had not been single instance in which the conduct of any individual police officer in this District can really be appreciated.

3.23.The responsibility for the situation going totally out of control, lies, as much with the senior officers of the Delhi Police, particularly the Additional Commissioner of Police Shri H., C. Jatav and Shri Sewa Dass, Deputy Commissioner of Police as with the local SHOs/Assistant Commissioners of Police.

3.24.The events of each Police Station as well as the role of the superior officers are now being discussed at some length:

POLICE STATION FARSH BAZAR

SHO:Shri Daryao Singh

ACP:Shri B.S. Bhola

3.25.Police Station Farsh Bazar is located in the east of the District bordering Uttar Pradesh.ACP Shri B.S. Bhola was on leave at that time.In his place Shri Parshottam Dass, ACP) HQ was supervising the Police Station.The office of the Deputy Commissioner of Police is also located in the jurisdiction of this Police Station.

AFFIDAVITS BEFORE THIS COMMITTEE

3.26.In response to the public notices issued by this Committee, three affidavits have been received which mainly pertain to losses incurred during the riots and non-registration of cases by the police.

AFFIDAVITS BEFORE MISRA COMMISSION

3.27.No affidavit was received in the Misra Commission pertaining to this Police Station.

EVENTS

3.28.The incidents of violence started in the morning of 1st November 1984.Serious incidents were setting Gurudwara Hargobind Place and Gurudwara Anand Vihar ablaze; and attempt to burn Swaran Cinema.Swaran Cinema is located very close to the District Police Headquarters.Deputy Commissioner of Police sent the R.I. of the District, Inspector Badan Singh, (a Sikh officer) to the spot.Inspector Badan Singh fired twice in the air to scare away the mob.The Deputy Commissioner of police reached there and quickly realizing that R.I. was a Sikh officer, sent him back.The R.I. had apparently saved the building from being totally burnt as the records show that this very C9inema was again set on fire by the mob on the morning of 3rd November 1984.Another serious incident occurred at about 1445 hours when a mob surrounded the house of one Harbans Singh whose family members were entrapped inside.Allegedly, SHO along with a posse of police force reached the spot, opened fire in the air and rescued the family members.The other events of this Police Station indicate that the police rescued some people and effective action prevented further loss of life.

DEATHS

3.29.The numbers of deaths in this Police Station were around ten.

DISCUSSION AND RECOMMENDATION

Taking on overall view of this Police Station, it does not appear to be necessary to recommend any action against any one in this Police Station.As regards Swaran Cinema the senior officers will have to take the responsibility as Deputy Commissioner of police was present on the spot.

POLICE STATION : SHAHDARA

SHO:SHRI M.S. SAPRA

ACP: SHRI D.D. SHARMA

3.31.Shahdara Police Station area is thickly populated, across the Yamuna, with a population of over two lakhs; the Sikh population would be around three per cent.

AFFIDAVITS RECEIVED BY THIS COMMITTEE

3.32.In response to public notices issued by this Committee, only three affidavits have been received.The affidavits before the Committee are of general nature not of much use for the work assigned to it.

AFFIDAVITS BEFORE THE MISRA COMMISSION

3.33.Out of the persons who had filed affidavits before the Misra Commission, the following persons were called up for examination: -

SHRI DALIP SINGH (24743)- He gives an account of the mob attacking his house at about 1100 hrs.On 1st of November 1984 and has also named fourteen persons who were part of the mob, as they belonged to the neighbouring localities.The mob burnt his factory, which was close to his house.He had lodged a report with the Police on 6th of November 1984 but no action has been taken and, in fact, the police is prosecuting him himself under section 304 IPC.

SMT. SURJIT KAUR (2704) - She had lost two members of her family.Her Husband, a private truck driver, was attacked on 31st October 1984 itself, but escaped.She had given a graphic description of the happenings on 1st November 1984 which shows that the mob was moving about in the area and a group of six police-men standing nearby were not taking any action whatsoever.On the basis of this affidavit after a long delay, a case has been registered in February 1987 by the Delhi Police.

SHRI SARDOOL SINGH (2816) – He had lost seven members of his family when his house was burnt on 2nd November 1984 morning.He was the lone survivor.According to him, he went to lodge a report with Police Station Shahdara on 12th November 1984, naming eleven people from among the mob.Sub Inspector Tulsi Das present at the Police Station, called some of these very persons to the Police Station including the one who was armed.The Sub Inspector is alleged to have forced the deponent to sign on paper stating that he had nothing against those people.

SMT. SWARAN KAUR (2787 and 2466) – She lost her husband and two other family members.She has named certain persons, in her affidavit, who were leading the mob.The attack on her house took place on the night of 2nd November 1984.She has given a graphic account of the way the mob was attacking and killing people.According to her, everything was happening in front of the police personnel who gave no help whatsoever.

SHRI NIHAL SINGH (2516)- He has given a detailed account of the incidents on 1st November, 1984 morning and named eight persons of the locality.According to him, a Police jeep was also standing near the place where the arson and killings were taking place.He has given details of the Mahendra & Mahendra factory being burnt and its Proprietor killed.He has named the persons in the mob who were carrying guns and revolvers.He was threatened by the named persons against disclosing their names to the Commission.In his cross-examination, he has confirmed having seen the police jeep.

SHRI SADHU SINGH (163) – He has stated how the residents of the locality had taken possession of his property and even made a temple on the same.The same was restored to him later on after intervention by the army authorities, as he is an ex-soldier.

3.34. There are a few other affidavits of this Police Station, which generallydescribe the incidents.

EVENTS

3.35.Violent incidents in this Police Station area had started late in the evening of 31st October 1984.The main killings had, however, taken place on 1st and 2nd November 1984.According to the police records the main trouble started on 1st November, 1984 morning at 10.10 hrs. On Chhajjupur Road near the Police Station.Inspector M.S. Sapra, S.H.O. mobilized the available force and moved out in the police vehicles as well as private auto rickshaws.Shri Sewa Dass, Deputy Commissioner of Police and Shri D.D. Sharma, Assistant Commissioner of Police also reached the place.

3.36. The SHO (a Sikh Officer) wanted to deal with the situation effectively but was prevented from doingso by the Deputy Commissioner of Police, who sent him back to the Police Station in his own car ostensibly to save him from the mob, which was stated to be“menacingly dangerous towards him”.Thereafter Shri Sapra could not move out of the Police Station.No one was posted as his replacement and as a result the Police Station was for all practical purposes working without an SHO that naturally led to the situation going out ofcontrol.

DEATHS

3.37. As per affidavits filed before Misra Commission, the number of deaths is 586.The Relief Commissioner’s figure indicates 258 deaths.The number of deaths should be in the vicinity of 300, if not more.In addition to this, there have been 147 incidents of arson and 36 incidents of looting as per Delhi Administration records.The incidents which started on 31st October, 1984 evening had continued right up to 5th November, 1984 when the last majorincident occurred involving the deaths of two persons (FIR No. 609 dated the 5th November, 1984).

FIR' s

3.38. Despite the fact that so many incidents and killings had occurred, the number of FIRs registered from 1st November 1984 to 5thNovember 1984is only four.Out of these, one FIR No. 606 pertains to the killing of a non-Sikh.Two cases have been registered on 1st November, 1984 (FIR No. 607) and 2nd November, 1984 (FIR No. 608) on reports by the Sub Inspector of the Police Station and pertain to a number of incidents at different places and not to any specific instance.In both the FIRs, there is mention of dead bodies.The FIR No. 608 is of 2nd November 1984 registered at 11.30 hrs.it also mentions that senior officers have beeninformed. Of the incident.The fourth FIR No. 609 was registered on 5th November 1984 in respect of the killings of two persons and in this, one Constable is named.This would show that no cases had been registered in respect of any of the incidents occurring after 11.30 hrs. On 2nd November 1984 to 0830 hrs. Of 5th November 1984.

POLICE STATION

3.39.According to police records, police did not make any preventive arrests between 31st October 1984 – 3rd November 1984.They also did not resort to lathi charge.Firing was resorted to only on 2nd November 1984 after a lot of damage had already taken place.Even then, there is nothing to show that the firing etc. resorted to be effective as there is no mention of any injuries to any of the rioters.Besides, no arrests in any case were made up to 4th November, 1984 and then only twenty-two preventive arrests made on 4th November, 1984.

DISCUSSION OF EVIDENCE

3.40. Although there had been a large number of killings in the jurisdiction of this Police Station, there are no specific allegations against any individual police officer.There are, however, allegations of police in action, which is confirmed by the fact that no effective preventive actionwas taken by way of any arrest of by way of use of force.The general pattern of the police asking the Sikhs to go into their houses and then disappearing from the scene leaving the Sikhs at the mercy of the mobs has been followed in this Police Station.

3.41.Besides the presence of subordinate police personnel at various places of rioting and killings, the Assistant Commissioner of Police as well as Deputy Commissioner of Police has been present at many places.It is obvious that besides the subordinate staff, even the Deputy Commissioner of Police was not only ineffective but also concealed the facts of killings as is indicated from the affidavit No. 2737 of Shri Sanjay Suri, a Press Reporter.The reporter says that though dead bodies were lying around, the Deputy Commissioner of Police was telling him that there had been no serious incidents in Shahdara or elsewhere in the District.

3.42. The general defense for inaction is non-availabilityof force.But records show that extra police force had been made available on 1st, 2nd and 3rd November 1984, to this Police Station.Besides this, a tear gas squad was also sent on 1st November 1984.

3.43.Apparently, no effective use of the available force was made, the plea of inadequacy of force is, therefore, not at all tenable.

RECOMMENDATION

3.44.The lapses of the police personnel of this Police Station are: -

i)Total break-down of the law and order machinery mainly due to the immobilization of the SHO and no alternative arrangements;

ii)No preventive or positive action to check riots and deal with the rioters;

iii)Non-registration of FIRs and harassment of the victims.

3.45.Disciplinary action is called for against Sub Inspector Surendra Dev and Sub Inspector Tulsi Dass on whose reports FIR No. 607 on 1st November 1984 and FIR No. 608 on 2nd November 1984 had been registered.They have mentioned a large number of incidents of burning and killings.Yet, with the force available with them, no preventive or effective action was taken.There is no mention of any lathi charge, tear-gas or firing having been resorted to in spite of such a large number of killings.

3.46.Disciplinary action against Sub Inspector Tulsi Dass is also recommended for calling to the Police Station those very people, carrying weapons, against whom a complaint was being lodged by Shri Sardool Singh (Affidavit No. 2816) and thus trying to silence him.

POLICE STATION – SEELAMPUR

SHO: Shri Bhim Singh

ACP: Shri D.D. Sharma

3.47.Police Station Seelampur is along the bank of river Yamuna.

AFFIDAVITS BEFORE THE COMMITTEE

3.48.No affidavit has been received by this Committee in response to public notices.

AFFIDAVITS RECEIVED IN MISRA COMMISSION

3.49.In the Misra Commission, three affidavits were filed.Two of the deponents, Shri Sujan Singh and Smt. Rawail Kaur, had been examined.

SHRI RAM SINGH (2573)

He describes how his house and shop were attacked on 1st November 1984 at about 1030 hrs.SHO Bhim Singh and Deputy Commissioner of Police (East) mentioned as S.P. Sahib had come along.They mentioned that they had come to rescue him and asked him to bring his licensed gun.He was taken to the Police Station and on the next day sent to jail.Details about this case are being given subsequently.

SHRI SUJAN SINGH (2821)

He describes how he, being a Congress worker himself, was informed by another co-worker that his party men had decided to take revenge for the death of their Prime Minister and advised him to run away.Soon after the mob attacked him but he was saved by Sub Inspector Gian Chand who happened to be a close friend of him.For a few days, he stayed with his neighbour who had originally warned him to escape.

SMT. RAWAIL KAUR (2678)

She has given an account of the killings of her husband and other family members in front of her eyes.The dead bodies were burnt.The culprits continued to terrorize her as they were released shortly after they were arrested.

EVENTS

3.50.Trouble in this Police Station had started in the morning of 1st November 1984.The first serious incident was burning of Maujpur Gurudwara where the SHO and ACP, had reached.The SHO had stayed in that area from 0930 hrs. To 1145 hrs.Some shops were burnt in that area.Subsequently, there was trouble in Gamri Colony and the SHO remained there from 12.00 hrs. To about 1315 hrs. In the afternoon, there was trouble in Seelampur and Gamri Extension.Deputy Commissioner of Police (East) as well as Assistant Commissioner of Police, Shahdara were also there.This is confirmed from Shri Ram Singh’s version, though there is a difference in the time in the two versions.

3.51.An extract from the SHO’s report dated the 30th November, 1984, indicates as under: -

“ At 1315 hrs. a huge excited crowd had collected around the house of Shri Ram Singh, resident of G-107, New Seelampuri and wanted to set it on fire.Ram Singh of Seelampur opened fire with his licensed 12-bore gun injuring ten persons.This infuriated the mob, which swelled to 3000-4000 around Ram Singh’s house.SHO, Seelampur along with ACP/Shri D.D. Sharma and DCP/East used ten tear-gas shells and opened fire and rescued Ram Singh and his family members in truck No. UST-6375 under heavy showers of brick-bats from the mob”.

SHO alleges that he was hurt due to the brick batting.However, no one seems to have been arrested by the police during this incident.

3.52.Subsequently, at around 1430 hrs. The mob also gheraoed Police Station, Seelampur under the impression that Shri Ram Singh and his family members had been kept there.The crowd was dispersed.No one seems to have been arrested even then and no case registered against the rioters.

3.53.It had not been mentione4d that Ram Singh had committed any offence.However, at 1625 hrs. a case was registered by the SHO on a report taken from a private person against Shri Ram Singh and as indicated in his affidavit he was arrested and sent to jail next day.This action of the police does not seem to be justified.

3.54.There are no serious incidents mentioned in the Police records nor is there any reference to any killings within the Police Station.The SHO is stated to have fired from his service revolver twice, two rounds each in the morning of the 1st November 1984.Use of tear gas and cane chargingwere also stated to have been done by him.

DEATHS

3.55.The Delhi Administration figure shows fifty-one deaths.The Relief Commissioner’s records indicate forty persons killed.It would be safe to presume that the total deaths would be around fifty in this Police Station.

FIR' s

3.56.Two criminal cases were registered on the 1st November 1984.One of these is FIR No. 40 registered at 1545 hrs. Mentioning various incidents in general.

3.57.The second FIR No. 341 was registered against Shri Ram Singh at 1645 hrs.Under Section 307 IPC reference to which has already been made earlier.Shri Ram Singh is reported to have fired four rounds with his licensed gun injuring many people.The FIR states that Shri Ram Singh had run away from the scene, which is contrary to the facts stated earlier by SHO.The names of persons injured have not been mentioned even though it is stated that they are being treated in the hospital.

3.58.The third FIR is on 3rd November 1984 (No. 342), which pertains to arrest of some persons for breach of section 144.No other case has been registered at the Police Station during the period of the riots.

3.59.In his report prepared in reply to W/T Message No. 119 dated the 16th February, 1985 from Deputy Commissioner of Police, Special Branch, Shri Bhim Singh has defended his action in not registering FIRs by stating as follows:

“ On the 1st November, 1984 evening, all the three SHOs of Shahdara Sub Division were summoned by ACP/Shahdara through wireless and were directed to register one case aboutthe days disturbances.”

DISCUSSION OF EVIDENCE

3.60.The main incident on which specific action should be taken not only against the Police Station staff but also against the senior officers is for registration of a case and subsequent arrest of Shri Ram Singh.The mob had attacked his house and he was well within his rights to fire with his licensed gun in self-defense especially as the police was unable to provide protection to him against the rioters.The action of arresting him and sending him to jail after registering a case appears to be mala fide and not justified.

RECOMMENDATIONS

3.61. The senior police officers including the SHO have been totally negligent.The role of supervisory officers will be discussed separately.In regard to the SHO, it is recommended that regular departmental proceedings should be initiated against him.Shri Bhim Singh, SHO was (i) ineffective and failed to control the law and order situation within his jurisdiction;(ii) took no preventive action; (iii) wrongfully arrested Shri Ram Singh who was exercising his right of self-defense; (iv) registered only one Fir against the rioters during the entire period of riots.

POLICE STATION – YAMUNA PURI

SHO: SHRI R.P. SINGH

ACP: SHRI D.D. SHARMA

3.62.Police Station Yamunapuri covers the northern portion of East District and its main localities are Bhajanpura, Yamuna Vihar Colony, maujpur, Jyoti Nagar and Khajuri Khas.The Police Station also had an outpost/ Police Post Khajuri Khas under it.

AFFIDAVITS BEFORE THE COMMITTEE

3.63. In response to public notices issued by this Committee, only two affidavits have been received.One of them, from Shri Surender Singh is to the effect that police made to effort to save his property and took no action when the matter was reported.His complaint was linked with the general FIRs, which had already been registered with the police.The second affidavit is of Shri Sewa Singh andthirteen others stating that the SHO Yamunapuri, had been approached on 1st November, 1984 for police protection and arrangements in connection with Guru Nanak Ji’s birth celebrations being held those days, which included Prabhat Pheris being taken out in the morning.Along with the affidavits, a copy of the application, duly received at the Police Station, has been enclosed.No action was taken by the Police leading to the death of eighteen persons besides loss of property.(Affidavits of Shri Surender Singh 81/87 and Shri Sewa Singh 307/87).

AFFIDAVITS BEFORE JUSTICE MISRAL COMMISSION

3.64.A number of affidavits were received by Justice Misra Commission pertaining to this Police Station, including a few which were favourable to the police.Two of these namely, Basant Singh (1060) and Shri Sher Singh Rawat (1293) were examined by the Commission.The examination in the Commission indicates that the affidavits were furnished at the instance of the police in order to give a good impression about their work.The cross-examination has, however, clearly indicated that the affidavits were not voluntary.

3.65.The other affidavits mainly narrate the facts about looting and arson from 1st to 5th November 1984 and the absence of any police action.A joint affidavit has also been given by three persons S/Shri Beant Singh, Swaran Singh and Yashpal Singh, Affidavit Nos. 2720, 2721 and 2722, which is similar to the one received by this Committee from fourteen persons, Shri Sewa Singh and others.

3.66.SMT. NANKI DEVI (2550) is resident of A-3/5--, Nand Nagri.She has given a detailed account of incidents at many places including an incident at Bhajanpura petrol pump, Yamunapuri.According to her, policemen along with mob were indulging in violence including killings and she identified one policeman wearing the nameplate of Manjeet Sharma along with others indulging in killing.When she questioned him as to why they were doing that, he told her to mind her own business and go away.

FIR' s

3.67.During the riots, only three cases were registered at this Police Station, all on 1st November 1984.The first case FIR No. 275 registered at 1810 hrs. is a written reportASI Chander Pal who was on patrol duty in his beat.The FIR only mentions that huge crowds were moving about and burnt Gurudwara as well as Takshila Guru Harkrishan School.The second case FIR No. 276 at 1835 hrs. is a written report of S.I. Mani Ram and mentions looting and arson in Blocks ‘B’ and ‘C’ of Yamuna Vihar Colony, Rajpur and Wazirabad Road.It also mentions that the police were trying to control the mob running along with them all the time.The third case FIR No. 277 at 1900 hrs. is a report of S.I. Hem Chand of the Police Station who was on duty around wazirabad Road, BhajanpuraBus stand and Petrol Pump and mentions that the mob burnt vehicles, breaking up into several groups to burn and loot.However, these FIRs hardly mention any effective action by the police on duty.

No other cases were registered with the Police Station at all even though the killings and arson had continued all through.

DEATHS

3.68.The number of people killed in this Police Station during the riots was around 150.Besides killings, there were 104 incidents of looting and arson, as per records of Delhi Administration.

DISCUSSION

3.69. The records of the police Station do not reveal the actual state of affairs and no killings have been shown.However, the copies of statements recorded during investigation under FIR No. 276 are available.Practically all the statements are of residents of‘B’ and ‘C’ Blocks, Yamuna Vihar Colony and in almost each case the killings are stated to be on 1st November 1984 in their colonies.

A number of statements of witnesses to the inquest and identification of dead bodies, available also show that a large number of persons were killed on 1st November 1984.Similarly, the statements of persons recorded in connection with investigation of FIR No. 277 pertaining to Bhajanpura, Khajuri Khas and Gondha would indicate that a large number of persons had been killed on 1st November, 1984. The police parties were headed by Sub Inspectors availablein these areas and there is also evidence of SHO, ACP and DCP being at some of these places in the forenoon on 1st November 1984.However, there is no evidence of any effective action on the part of the police.

3.70. According to the report of Deputy Commissioner of Police (East) contained in letter No. 7667/X (East) dated the 20th November, 1984 he was present at village Maujpur in the morning of 1st November, 1984 when the Gurudwara was burnt.SHOs, Seelampur, Yamuna Vihar Colony with staff and ACP Shahdara had also reached.At 1021 hrs, the DCP is stated to be present along with ACP and SHO at Texila School which had been set on fire.At 1030 hrs. The Deputy Commissioner of Police reached Maujpur along with SHO when according lo him there waspolice firing.Between 1120 hrs. And 1130 hrs, there were three incidents in Yamunapuri which were attended to by Deputy Commissioner of Police along with ACP and SHO.The Deputy Commissioner of Police along with ACP reached Khajuri Khas village and then went away to Bhajanpura from there.He is stated to have saved a shop from being looted and also a truck carrying tyres being looted by the mob.According to the Deputy Commissioner of Police, the Assistant Commissioner of Police had extinguished the fire in Khajuri Khas Gurudwara and Petrol Pump.However, there is no record of police firing at Maujpur or in any statement prepared by Delhi Police.The action taken by the police, therefore, seems to be imaginary.

3.71. At 0645 hrs. on 2nd November 1984 a callwasreceived from the Police Control Room that dead bodies werelying in Blocks ‘B’ and ‘C’, Yamuna Vihar Colony.Instead of proceeding to the place of occurrence, SHO deputed S.I. Mani Ram, but there is no record of what this S.I. did or did not do in the general diary.Silence seems to be the best way to cover up inaction.

3.72.A mention in the report of the SHO dated the 11th February 1985 indicates that on 2nd November 1984, twenty-nine dead bodies were found and sent for post mortem on that day.This could be pertaining to the killings in Blocks ‘B’ and ‘C’ of Yamuna Vihar Colony.However, no cases have been registered in respect of these deaths.This needs some explanation as it amounts to playing down the offences committed and permit the culprits to go soot free.

3.73.The only mention of death of a specific person by the SHO is in his report dated the 1st December, 1984 about one Himmat Singh who had been injured on 3rd November, 1984 and admitted to the hospital, is stated to have expired on 5th November, 1984 and the only case registered after 1st November, 1984 is also on 5th November, 1984 pertaining to this death.

3.74.The main plea taken by the police is inadequacy of force.This is not acceptable because the records show that the existing police did not resort to lathi charge or teargas.They did not arrest any one up to 3rd November 1984.No firing was resorted to up to the 2nd of November 1984, in spite of all that was happening in front of them, which would imply that the police had no will to control the situation.

3.75.In spite of such a large number of incidents, including deaths, having taken place and also some extra force being available on 2nd and 3rd November, 1984, at the Police Station there have been no arrests under any substantive offences in the cases registered on 1st till 4th of November, 1984.Fourteen persons had been arrested under preventive sections only on 3rd November 1984.The records also show that fifty-one rounds were fired, twenty-two on 2nd November 1984 and twenty-nine on 3rd November 1984 but no other effective action was taken earlier.Even in the firing resorted to; no one indulging in violence was injured or died.This would show that whatever action was taken was perhaps only on paper and no attempt at any stage and at any level was made to effectively deal with the situation.

RECOMMENDATIONS

3.76. On the basis of the facts revealed and the recordsavailable , disciplinary action for gross dereliction of duty is recommended againstShri R.P. Singh, SHO and

S.I. Mani Ram on the following grounds

(A) SHRI R.P. SINGH, SHO

(i)Large number of killings had taken place at various places within the jurisdiction of Police Station Yamuna Puri and at a number of these places he himself was present.He failed to take effective action.He failed to records these deaths in any police records or in the FIRs.Law and order in his jurisdiction had broken down completely and he failed to rise to the occasion.

(ii)He was present at the Police Station on the morning of 2nd November 1984 when a message was received from Police Control Room regarding dead bodies lying in Blocks ‘B’ and ‘C’, Yamunapuri.He had gone out patrolling within half an hour of this message but did not care to find out about the dead bodies.The police records do not have any mention of the same except the message received from the Police Control Room.Even S.I. Mani Ram who was directed to go to the scene did not give any report regarding these killings.This is a very specific and serious act of misconduct and gross dereliction of duty on the part of the SHO.

(iii)Shri R.P. Singh, SHO, is apparently not only unfit to hold charge of a Police Station but also not fit for being retained in the police force.Suitable disciplinary action should be accordingly initiated against him for major penalty.

(B)SHRI MANI RAM, SUB INSPECTOR

(i)On the morning of 2nd November 1984 when a message was received regarding dead bodies lying in Blocks ‘B’ and ‘C’, Yamunapuri, he was deputed to carry out investigation in this regard.There is nothing to indicate as to what he did and whether he proceeded to that place at all.No entries in police records are there to confirm as to what had been done by him in this regard.The fact that a large number of persons were killed in that area is confirmed by the receipt of message, subsequent investigations and affidavits received in the Justice misra Commission.

(ii)For his acts of negligence and dereliction of duty, disciplinary action against S.I. Mani Ram is recommended.

(C) SHRI MANJEET SHARMA, POLICEMAN

He has been specifically mentioned in the affidavit of Nanki Devi (2550).His involvement in the killings near Bhajanpura Petrol Pump needs to be investigated and suitable action taken against him.

POLICE STATION – SHAKARPUR

SHO: Shri Jai Singh

ACP: Shri R.D. Malhotra

3.77.Police Station Shakarpur is located along the bank of river Yamuna and covers the main road going from Delhi to Ghaziabad.

AFFIDAVITS BEFORE THE COMMITTEE

3.78.In response to the public notices issued by this Committee, eight affidavits have been received.

AFFIDAVITS BEFORE JUSTICE MISRA COMMISSION

3.79. A number of affidavits were received by Justice Misra Commission.Out of these, four persons were examined.Three of them have given affidavits in favour of certain political leaders.They also mention that the trouble was a reaction to the celebrations by certain sections of the Sikh Community.One of them Shri Bhoop Singh (2925), according to his own admission made during the course of examination, was a person of doubtful character as 6-7 criminal cases were pending against him.The other two Shri Mithan Lal (2929) and Shri Shyam Lal (2938) are real brothers. All the three affidavits have been sworn on the same day i.e. 10th September 1985.In these affidavits the columns regarding identity of the deponents are blank and these affidavits appear to be motivated and lot quite reliable.

3.80The other affidavits before Justice Misra Commission describe the incidents of killing and looting.A gist of the same is given below:

(i)SHRI SANT SINGH (2395)

He is a retired policeman presently carrying on transport business.In his affidavit he has named a number of persons who were carrying Congress (I0 flags and shouting slogans – Khoon Ka Badla Khoon Se Lenge (Blood for Blood).He has narrated the activitiesof mob violence in Shakarpur.His house was attacked.The deponent has further stated that during all these occurrences, one policeman Shri Giriraj Constable, who had a Government rifle with him, accompanied his brother Shri ShyamSingh Tyagi who was leading the mobs.He did not take any step to stop the mob but instead was siding with the culprits.

(ii)SHRI HARBAJAN SINGH (2341)

He has stated in his affidavit that on 1st November 1984, at about 0910 hrs killing of Sikhs, looting and burning of property started within his view.He has named certain persons of the locality as part of the mob, and that the Police remaining a silent spectator.

(iii)SMT. GURMEET KAUR (2339)

The husband of the deponent and her son were dragged out and killed with iron rods and burnt alive.Her house was looted.Police was present among the mob.They did not --------- but rather instigate the mob to commit murder looting and burning of property.She had informed the police about the names of the murderers but the police refused to record her report saying that such things had happened to very Sikh.

(iv) SMT. PREM KAUR (178)

She has stated that on 31st October 1984, at about 2100 hrs. She had seen a mob attacking and pelting stones the residence of her neighbour Avtar Singh Bhatia.On 1st November 1984, at about 0900 hrs. She saw Avtar Singh being chased by the mob, caught, beaten up and killed.Her husband and son were killed.Their dead bodies were recovered by the police and never given to her for cremation.She had requested on Avinash of the Police Post, who had come with a few men for help, but they did nothing and, in fact, her husband was pulled away and killed right in front of her.

(v) SMT. KUSUM LATA JAIN (164)

She is a resident of School Block, Shakarpur, she had stated that on 1st November, 1984she heard noises and came out.She found that a mob of 200-300 people were following two Sikhs and shouting slogans like “kill the Sikhs”.She has at a loss to understand what was happening.At that time a Police Van came.Shri R.D. Malhotra, S.P. and Mool Chand were in the Van.They told the gang to continue with their work.(By S.P. she perhaps means DCP).

(vi) SHRI JAGJIT SINGH (2314)

An old Congress Worker, has stated that on 9th November, 1984 when he returned home he was told by Kuldip Singh that ACP Shri R.D. Malhotra and SHO Choudhary Jai Singh had said in front of his house on 2nd November, 1984 that “IF JAGJIT SINGH IS ALIVE, HE BE KILLED.IF HE ESCAPES THEN IN FUTURE HE WILLS TROUBLE US”.He had reasons to believe this, as he knew much.

(vii) SHRI SUKHAN SINGH SAINI (2460)

The deponent has filed two affidavits bearing the same number before the Justice Misra Commission, in the first Affidavit filed on 30th August, 1985 he describes how he joined the crowd in front of the house of Sham Singh Tyagi, saw and heard the local M.P. giving instructions to Shri Tyagi and number of others whom the deponent has named.He also saw the M.P. giving bundles of notes to Bhoop Singh Tyagi for buying liquor and assured him that he will look after everything.The deponent says that nobody was suspicious about him because he was a Hindu.Later he told Sardar Sant Singh to be vigilant because of what he had heard.In December, 1985 Shri Sainihasfiled another affidavit and changed his stance for reasons best known to him andstated that he and some Sikhs were misled by propaganda and that the local M.P. did not have a hand in the riots.

(viii) SMT. SURINDER KAUR (2594); and

(ix) SMT. GURNAM KAUR (2603)

Both these ladies have described in detail instances of riot, arson and killing and there seem to be no reason to disbelieve their version of what actually happened in this area.

(x) SMT. PARAMJIT KAUR (2812)

She has stated that on 1st November 1984, at about 1200 hrs. a mob of 200-300 persons carrying iron rods, kerosene oil, white powder came and despite her pleadings,dragged out her son, threw him into a burning truck and also set her house on fire.

(xi) SHRI HARBANS SINGH (2815)

Referred to on page 85 also, has described how he was attacked at the Octrol Post near the ITO Bridge with the connivance of the armed police manning the Octroi Post. He was cross-examined at length and stood the test of examination.On further enquiry, it is revealed that the police party was led by Har Gopal, Head Constable No. 117/E in the Delhi Armed Police.He obviously did not behave as a member of a disciplined force.

3.81.In the above affidavits, Constable Giriraj, S.I. Mool Chand, SHO Jai Singh and Assistant Commissioner of Police R.D. Malhotra have been mentioned by name by the deponents.

EVENTS

3.82.The main road, namely Vikas Marg goes through this Police Station.Trouble had started here in the evening of 31st October 1984.The buses were being stopped and Sikhs forced to get down and beaten up.However, the main trouble started on the morning of 1st November 1984 with the burning of the Gurudwara in Preet Vihar and serious incidents continued up to 3rd November 1984.

DEATHS

3.83.The total number of persons killed in this Police Station, as per Police Station records, is only twenty-seven.The Citizens’ Justice Committee has mentioned eighty-seven deaths whereas the records of the Relief Commissioner of Delhi show the deaths to be of the order of one hundred and two.From the about figures it can be inferred that the deaths would be well over one hundred.

FIR' s

3.84.Despite the fact that so many killings had taken place and serious incidents had gone on up to 3rd November, 1984, this Police Station had registered only three FIRs during the riots and all the three have been registered on November, 1984 itself.The details of the three FIRs as follows: -

(i)FIR No. 368 dated the 1st November 1984 under sections 147/148/149/427/436/188/304/ IPC on a report of S.I. Mool Chand at 13.35 hrs.

A mob set fire to shops and houses of Sikhs.They also set fire to Gurudwara Preet Vihar.ACP/Gandhi Nagar came to the spot and resorted to tear-gas and firing.Four dead bodies were found inside the Gurudwara and one in House No. E-62, Preet Vihar.

(ii)FIR No. 369 dated the 1st November, 1984under sections 147/148/149/302/427/436, IPC on a report of S.I. Sardar Singh at 1355 hrs.

The complainant along with one Constable was on duty at Chowk on Vikas Marg.At about 1130 hrs. on 1st November, 1984 a mob shouting slogans and carrying lathis, iron rods etc. and set fire to the houses/shops in Laxmi Nagar.A few vehicles were also set on fire.The mob proceeded towards Vikas Marg, and set fire to vehicles in which one Sikh was found dead.After doing their work the mob again went to Laxmi Nagar.

(iii)FIR No. 370 dated the 1st November 1984 under sections 147/148/149/304/188/427/436/295/302 IPC on a written report of S.I. Ram Kumar at 1500 hrs.

The FIR describes how a huge mob carrying lathis and iron rods was beating the Sikhs, setting vehicles, houses and shops on fire.They had also set on fire the School Block, Shakarpur.There is mention of four dead bodies and one person dying in hospital.In both FIRs and 370 we do not find any concrete action on the part of the police.

3.85.A few cases have subsequently been registered after 12thNovember 1984 pertaining to certain specific incidents.These have been registered on complaints made by various affected persons.

DISCUSSION

3.86.The records of Police Station do not mention any police firing on 1st and 2nd of November 1984 but the detailed report dated the 3rd November 1984 of SHO mentions firing having been resorted to at two places on 1st November 1984 at Preet Vihar and Ram Nagar.This is not supported by the statement prepared by the Police in connection with the inquiry, Annexure A to the report on East District.

3.87.In view of these contradictions, the authenticity of the statements regarding firing is in itself suspect.Moreover, the fact that there was no injury or loss of life as a result of Police action would show that even if any firing was done, it was of no consequence.In fact, no effective action of any kind seems to have been taken by the Police.

3.88.The ineffectiveness of the police is also confirmed from the fact that during the period of riots, not a single arrest was made under any substantive offence.No preventive arrests were made on 1st and 2nd November 1984.Twenty-one preventive arrests are said to have been made on 3rd and seven on 4th November 1984.This would show that even though the trouble had erupted on 31st October 1984, no positive effort was made to control the same up to 3rd November 1984 by which time the maximum damage had already been done.

3.89.In regard to the additional forces, even though Police Station records to not show any extra force had been received the SHO in his report of 3rd December, 1984 has mentioned that a force of two Head Constables and fourteen Constables of Delhi Armed Police reached the Police Station on 1st of November, 1984 against a heavy demand placed on 31st October, 1984 verbally.However, additional force would not have been much use ------- the will to act was absent and even the existing force was not taking any concrete action.

3.90.According to Assistant Commissioner of Police Shri R.D. Malhotra, he had been directed by the Deputy Commissioner of Police to stay at Vikas Marg to ensure smooth flow of traffic as it was the main road connecting -------with Uttar Pradesh.The trouble had started there on 31st October 1984 evening itself and he was obviously ineffective.His role will, however, be discussed separately.

3.91.From the affidavits and other evidence available, lapses on the part of the Police staff of this Police Station would appear to be as follows: -

i) The first serious incident occurred in Preet Vihar where the Gurudwara was burnt and four dead-bodies are stated to have been found.From thereon Incidents continued unabated and the Police miserably failed to maintain Law & Order.

ii)The incidents of violence continued right up to 3rd November 1984 still only three FIRs (all on 1st of November, 1984) had been registered.This would show that a deliberate attempt was made to minimize the extent of trouble going on in the Police Station.

iii)The affidavits of S/Shri Harbans Singh (2815), Jagjit Singh (2314), Kusum Lata Jain (164), Sant Singh (2395), as well as that of Sukhan Singh Saini (2460) and others do give the impression that the Police of this Police Station was under pressure of the local leaders.

RECOMMENDATION

3.92. In the light of the above, suitable departmental action for major penalty is called for against SHO Jai Singh.He notonly failed to supervise and control the law and order situation in his area but also deliberately made attempts to minimize the extent of trouble going on in the Police Station and did not register cases of victims.He tried to minimize theextent of killings and looting which went on in his area.His subordinate staff also seems to have failed to rise to the occasion due to lack ofleadership.

Constable Giriraj of this Police Station was stated to have been accompanying his brother Shri Shyam Singh Tyagi, one of the leaders of the mob as mentioned in the affidavits by Shri Sant Singh (2395), suitable disciplinary action may be taken against him.

Suitable disciplinary action also needs to be taken against Shri Har Gopal, Head Constable No. 117/E and the Constables Jai Raj Singh 429/E and Ishwar Singh Nos. 984 respectively, who were manning the Octroi Post near ITO Bridge and who permitted Shri Harbans Singh (2815) to be beaten up by informing the crowd about his presence rather than protecting him.

POLICE STATION -GANDHI NAGAR

SHO: Shri Ram Mehar Sharma

ACP: Shri R.D. Sharma

3.93.Police Station Gandhi Nagar is located along with the bank of river Yamuna and has no borders with Uttar Pradesh.

AFFIDAVITS BEFORE THE COMMITTEE

3.94.In response to the public notices issued by this Committee, eight affidavits have been received.All of these are from shopkeepers of the area whose business premises had been looted and burnt.These affidavits are of a general nature asking for compensation and write-off of loans.

AFFIDAVITS BEFORE JUSTICE MISRA COMMISSION

3.95.The Justice Misra Commission had received a number of affidavits from the victims of this Police Station and as many as eight had been examined.The gist of the same is as follows: -

i)SMT. JASPAL KAUR (2596): -

The first attack of the mob in Raghubar Pura came on the 1st November, 1984 night when the crowd stoned her house, threatenedthe people and went away.On 2nd November, 1984 morning, the mob came again and killed her husband during the day.They again came in the night to burn the dead-bodies.A number of persons of the locality have been named as the culprits but no action was taken.Her husband’s younger brother, a clean-shaven Sikh, went to the police station to report on 3rd November 1984 but the Police did not listen to him.

ii)SMT. SWARAN KAUR (2592):-

The mob attacked the Gurudwara of Ajit Nagar at noon on 1st November 1984 and killed the priest.Her house was attacked on 2nd November 1984 morning and her husband was injured.On 3rd November 1984 morning the crowd came again and burnt her husband alive.

Her report was not registered on 3rd November 1984 at the Police Station and even when it was again lodged on 4th November 1984 it was notcorrectly recorded.The Police gave no help during the attacks.

iii)SHRI PIARA SINGH (2576): -

The first attack came on 1st November 1984 and he found some persons of the locality preparing a list of the houses of the Sikhs.He has also stated that he had seen some Sikhs being taken out of the trains and killed as his house was near the railway –line.

iv)SHRI HARBHAJAN SINGH (2563): -

He gives general details of the attacks and names of the persons participating in them.According to him, the Police was present but refused to help when requested.In his cross-examination he has stated that S.I. Makhan Lal was present along with other Policemen.

v)SHRI GURBACHAN SINGH (2633):-

He has described the attacks in Raghubarpura starting on the night of 1st November 1984.According to him, Sikhs and non-Sikhs organized protection committee as a result of which there was no loss of life and property on 1st and 2nd November 1984.However, on the morning of 3rd November 1984, on a local leader’s suggestion, the Sikhs were advised to stay at home.The same night, a mob attacked and the pickets organized by the local people, disappeared and the riots took place.

vi)SMT. SURJIT KAUR (2266): -

According to her, on 3rd November 1984 an army vehicle had come and taken away a number of Sikhs to the Relief Camp.However, those who could not be accommodated in the vehicle were left stranded and attacked by the crowd and many of them were killed.This included her husband and two sons.In her cross-examination, she has stated that Police was present when they were killed by the mob.

vii) SHRI H.K. VATS (1965): -, and

viii)SHRI PAWAN LAL PALTA (1962): -

These two affidavits are favourable to the local political leaders and state that the riots were not organized and was in no way abetted by the local leaders.

ix)SHRI GURCHARAN SINGH (2597): -

Has described how four dead-bodies were taken away in a Police Van after killings by the mob.

EVENTS

3.96.The incidents of violence in this Police Station had started in the evening of 31st October 1984 itself.However, most of the serious incidents involving killing had taken place after 2nd November 1984 mainly on 3rd November 1984 till late in the evening.This would indicate that the situation was not controlled even up to 3rd November, 1984 even though some extra force had also been received at the Police Station on the 1st and 2nd of November, 1984.The SHO and the Assistant Commissioner of Police had been moving around within the Police Station jurisdiction apparently had not taken any positive steps to control the riots.

3.97.The usual plea of non-availability of force cannot the accepted.Besides, in this Police Station, Head Constable and seven Constables of the Delhi Armed Police were received on 1st November 1984, one platoon of PAC consisting of one P.C., one Head Constable and nineteen Constables were received on 2nd November 1984.In addition to this, three Head Constables and seventy-five Constables of the SRP were also received on the 4th November 1984.

DEATHS

3.98.As per the Police Station records the total number of persons killed in this Police Station was twenty-one, but as per the records of Relief Commissioner, the total number of deaths would be fifty-one.It can, therefore, be safely presumed that the deaths would be around fifty in this Police Station.

FIR' s

3.99.The number of cases registered at the Police Station in only one on 1st November 1984, three on 2nd November 1984 and two on 3rd November 1984.In addition to this, two cases had been registered on 3rd November 1984 mentioning arrests of thirty-six persons for breach of Section 144.Two other cases registered on 6th and 8th November 1984 are on complaints by private persons mentioning killing of their relations during the riots.The FIRs 316 & 324 give the impression that the Police remained silent spectators and took no effective measures to come to grips with the situation.

3.100.In regard to FIR No. 319 registered on 3rd November, 1984 it may be mentioned that even though three persons were killed and two accused persons named, investigating officer S.O. Som Prakash arrested two accused persons only under sections 107/151 Criminal Procedure Code case on 9th November,and 28th November, 1984 respectively.These arrests made under preventive Sections, subsequently, helped the accused in obtaining bail in the main murder case.The Delhi Police Vigilance has already made enquiries in this respect on the conduct of Som Prakash, S.I.

DISCUSSIONS

3.101 In spite of killings and violent incidents going on for a number ofdays in the Police Station no preventive arrests are shown to have been made as per the records.Forty-four arrests on 3rd November 1984 and fifteen arrests on 4th November 1984 had been made under Section 188 IPC for violation of prohibitory orders and not under substantive offences, which were being committed.

3.102A total number of fifty-five rounds are stated to have been fired as per the Police records, sixteen on 2nd November 1984, thirty-seven on 3rd November 1984 and two on 4th November 1984.Tear-gas is stated to have been used on 3rd November 1984.Lathi charge is stated to have been made as per the statement prepared by the Police Station on a number of occasions, on 1st, 2nd, 3rd and 4th November, 1984.However, the daily diary entries do not mention these.The validity and effectiveness of these needs to be fully gone into.There is no mention of any one having been killed or injured as a result of Police firing or other Police action.

RECOMMENDATIONS

3.103On the basis of the facts available, the following action is recommended against this Police Station staff; -

i)INSPECTOR RAM MEHAR SHARMA, SHO: -

He had not taken adequate action to control the riots even though he had physically been present at a number of places.He maybe dealt with departmentally for general laxity and for not taking effective action to control the riots in his area and also for not registering the cases properly.

ii)SUB INSPECTOR SOM PRAKASH: -

He had deliberately tried to help the accused persons during the investigation of crime No. 319.The named accused persons were not arrested for murder but were taken into custody under preventive Sections viz. 107/151 Criminal Procedure Code case.In case no action has been taken on the vigilance report, departmental proceedings for major penalty may be initiated against him,

POLICE STATION -KRISHAN NAGAR

SHO: SHRI S.N. BHASKAR

ACP: SHRI B.S. BHOLA

3.104 Police Station Krishna Nagar is located in the center of the Districtand has no border with Uttar Pradeh.

3.105.In the absence of ACP Shri B.S. Bhola on leave, Shri R.D. Malhotra, A.C.Pold/ Gandhi Nagar was looking after as a supervisory officer.

AFFIDAVITS BEFORE THIS COMMITTEE

3.106.In response to the public notices issued by this committee, seven affidavits were received pertaining to this Police Station.Most of these affidavits are similar in nature, generally complaining of Police Inspector, non-apprehension of offenders and non-registration of FIRs.

AFFIDAVITS BEFORE JUSTICE MISRA COMMISSION

3.107.A number of affidavits have been received by Justice Misra Commission, and quite a few of them were also examined.The gist of these is given below: -

i)SHRI TARA SINGH (2531): -

He claims to be an active Congress worker, and has given an account of how the mobs came with iron rods and lathies and started burning and looting.He stated that Shri Sewa Dass, Deputy Commissioner of Police, also came there and the deponent heard him asking the crowd to take the goods out of the shops and then set them on fire.According to him, the Deputy Commissioner of Police went away and the crowd started burning and looting after taking out the goods from the shops.This could have been done to avoid burning of the adjacent shops of non-Sikhs or to save the building, which belonged to a Hindu.

Shri Tara Singh has also stated that he met the SHO Shri Bhaskar and one Sub Inspector Shri Kapur but they did nothing to protect him and had only asked him to run away.

ii)SHRI R.C. GUPTA (1484): -

He has given his affidavit in favour of the administration.However, this affidavit appears to be on a cyclostyled proforma in which name and address etc. have been written subsequently.He was cross-examined and has only tried to prove that the affidavit has been voluntarily given by him.However, there are many inconsistencies in his cross-examination.Since it is only to establish that riots were not pre-planned, there is nothing much in it for consideration.

iii)SHRI HARJIT SINGH (2529): -

He has given details of arson and looting on 1st November 1984.SHO Shri Bhaskar, known to the deponent’s brother arrived in a jeep with three other Policemen.However, is spite of requests he didnot stop there and went away after seeing the mob.After he left, the rioters started looting.He has named many persons of the locality who were looting the shops.

iv)SHRI PISHORA SINGH (2804): -

He describes how on the morning of 1st November 1984 he went to look after his shop in the area where rioting was going on.He met Shri Bhaskar, SHO about 50 yards from his shop.The SHO was in a jeep with 4-5 constables and told the deponent not to go towards his shop.When asked for help, SHO Shri Bhaskar told him that he did not have adequate force with him.His shop was burnt.On 2nd November 1984 at about noon there was an attack in the mohalla but the local mohalla people stopped the attackers.Similarly, on the night of 2nd and 3rd November 1984 the attack was again repulsed by the Mohalla-wales, is shows that people could resist the mobs but police was helpless.This is a sad commentary on theefficiency of the local Police.

On 3rd November 1984 the mob attacked the house of the Deponent at noon and Inspector (should be Sub-Inspector) Kapoor along with 3-4 Constables was with the mob.Sub Inspector Kapoor pointed his pistol towards the deponent and had his house searched.As soon as the search was over, there were shouts that the Military had come and the mob as well as the Police disappeared.

3.108.In addition to this, following affidavits are also relevant.

i)SHRI RAM SINGH (2304): -

He has given a detailed account pertaining to the attack on the house of Swaran Singh, Proprietor of Swaran Singh.He was himself inside Police Station Krishna Nagar the whole day and describes how the known local goondas attacked the house of Swaran Singh.Since the house is very close to the Police Station, he could see everything very clearly.He saw one of the leaders talking to SHO Shri Bhaskar and Sub Inspector Kippur and they assured him all help.He has been cross-examined in detail and has confirmed that he could see the house of Swaran Singh very clearly from the 1st Floor of the police station where he was.His evidence clearly establishes the nexus between SHO and the local toughs.

ii)SHRI O.P. SHARMA (2732):-

He is a Manager of Swaran Cinema; has described the attack on the house of the Proprietor of Swaran Cinema in the afternoon, 1984.He has stated as follows: -

“ The mob was being directed to attack by the SHO Krishna Nagar. Police officials were standing there and some Khadi-clad leader ……” He approached the SHO in protest but was angrily told to run away.

iii)SMT. BAJRI BAI (2489): -

She has given a graphic account of how the mob attacked her house and how she was saved while some members of the family were killed.She has named a number of persons, which shows that the local criminals were carrying out looting and arson, totally unchecked.

iv)SHRI JASWANT SINGH (2520): -

According to him looting and killing started on 1st November 1984 and he approached Inspector Kapoor (should be Sub-Inspector) but did not get any help from him and was asked to go inside the house.Subsequently, his house was looted and burnt.

v)SHRI HARISH KUMAR (2436):-

Shri Harish Kumar, a non-Sikh has described how the killing and looting were being done by the local goondas.How the house of Shri Swaran Singh and his Cinema which were only 15 yards away from the Police Station were burnt.SHO and other staff were watching from the Police Station but did nothing to save the house.At least fifteen persons died in the house.

EVENTS

3.109.The incidents of violence in the Police Station started in the morning of 1st November 1984.A number of shops at Lal Quarters were set on fire during the day between 1200 hours to 1500 hours.

3.110.The most serious incidents the burning of the house of the owner of Swaran Cinema.The Police version is that the owner went up to the roof of his house and started firing at the mob.Even if accepted to be true, this could ----- an act of self-defense.One of the attackers is stated have been killed in the firing and one injured.The attacked by the mob and fire in the house must have continued for quite some time.Even then ten people were allowed to be burnt by the Police at a place, which is at stone’s throw from the Police Station and not far from Head Quarters of the Deputy Commissioner of Police.

3.111.With regard to the burning and looting of shops, Shri Tara Singh (2531) and Shri Pishora Singh (2804) state how Deputy Commissioner of Police Shri Sewa Dass, S.H.O. Shri Baskar and Sub Inspector Kapoor took no action to control the situation and, in fact encouraged the mob to carry on looting.

3.112.Even though, in his report dated the 30th November, 1984, the then S.H.O. Shri Bhaskar has stated that there were no untoward incidents on the 2nd and 3rd November, 1984, the logs of wireless as well as the affidavits confirm that the incidents of violence continued upto 3rd November, 1984.

DEATHS

3.113.The total number of persons killed in this Police Station, as per Police records, is sixteen whereas according to the Relief Commissioner, the figure would be eight-six.

FIR' s

3.114.In this Police station, only FIRs pertaining riots have been registered, four (482 to 485) on 1st no one on 2nd November, 1984, even though a large number of incidents had taken place.

DISCUSSIONS

3.115.In his report the SHO has stated that no incident of rioting occurred after 1st November 1984.The records on the other hand show that on the 3rd November 1984 as many as forty-five rounds had been fired and on the 4th November 1984 twelve.Why so many rounds were fired on 3rd November and 4th November 1984.When no serious incidents had occurred is not understandable.In contrast, on the 1st and 2nd November, 1984 when most of the trouble had taken place not a single round had been fired or tear-gas shell used or lathi charge resorted to.Similarly, not a single person has been arrested in any substantive offence on 1st and 2nd November 1984 and twelve and eight-five preventive arrests have been made only on3rd and 4th November 1984 respectively.There is no mention of any injury due to any Police Station.

3.116.This Police Station had received additional force from 1st November, 1984 onwards but since the deployment was not proper, incidents of violence continued in this Police station unchecked.

3.117.There are specific allegations against the Deputy Commissioner of Police, which will be discussed separately.

3.118.Against SHO Shri Bhaskar, there are many affidavits mentioning that he rendered no help to the persons who approached him.The most serious allegation however is against Su8b Inspector Kapoor who was posted at the Police Station at the time.His name figures in some affidavits indicate earlier.Shri Pishora Singh (2804) has even gone to the extent of stating that the Sub Inspector pointed his revolver towards him and he could only escape because the army moved in just in time.

3.119.The burning of ten members of the family of Shri Swaran Singh, owner of the Swaran Cinema is a sad commentary on the functioning of the Police.Various affidavits confirm that the SHO was a silent spectator to the killings of ten members of the family of Shri Swaran Singh, if not an abettor.Such an incident occurring next to the Police station is a serious reflection on the part of the SHO.Moreover, there is no mention of the deaths in the FIR or any other message from the Police Station which shows a deliberate attempt to conceal the deaths particularly in this case.

RECOMMENDATIONS

3.120.Departmental action for major penalty is recommended to be taken against Shri Bhaskar, SHO for the above lapses.

3.121.The actions of Sub Inspector Sat Pal Kapoor are almost criminal in nature as he had threatened Shri Pishora Singh (2804) and others in the process, actively assisted and enabled the mob to loot the houses.Action for major penalty should be initiated against him.

POLICE STATION - SEEMAPURI

SHO: SHRI R.S. THAKUR

ACP: SHRI PARSHOTTAM DASS

3.105.Police Station Seemapuri is in the easternmost corner of the District and the main residential colonies are the DDA Flats in Nand Nagri and Seemapuri.Shri B.S. Bhola, Assistant Commissioner of Police being on leave, Shri Parshottam Dass, Assistant Commissioner of Police (H.Q.) was looking after his duties.

AFFIDAVITS RECEIVED BY THIS COMMITTEE

3.106.In response to public notices issued by this Committee, no affidavit pertaining to this Police Station has been received.

AFFIDAVITS RECEIVED BY JUSTICE MISRA COMMISSION

3.107.A number of affidavits were received in the Justice Misra Commission, and one of them Smt. Charanjit Kaur (2624) was also examined.There are a number of affidavits from Nand Nagri, particularly, ‘A’ Block and the following ones pertaining to almost adjoining houses give graphic details of the events: -

i) SMT. LAJWANTI (2302): -

Resident of A-1/321, Nand Nagri.

She has stated having heard noises on 1st November, 1984 noon and learnt of burning of Gurudwara and killing of Sikhs.In the morning of 2nd of November, 1984 the mob is stated to have attacked her house and seventeen members of her family were killed.She also mentioned names of the persons ofthe locality who showed herhouse to the mob.She alleged that the Police was inciting the mob.

ii)SMT. DAYA KAUR (2344): -

Resident of A-3/69, Nand Nagri.

On 1st November 1984, a mob burnt the Gurudwara and attacked some houses killing many persons, besides burning and looting.Her house was finally attacked at 2030 hours and her husband killed.She has named many persons in the affidavit including some local leaders.Her report at the Police Station was not registered and she was turned away as she was mentioning certain names.

iii)SMT. SATWANT KAUR (2345): -

Resident of A-3/66, Nand Nagri.

Her affidavit is similar to that of Smt. Daya Kaur.Her husband was killed about the same time in a similar manner. M She also named more or less the same persons. She also alleged gang rape by five persons on her apart from looting and killing.The police did not register his report.

iv) SMT. SURJIT KAUR (2346): -

Resident of A-3/67, Nand Nagri.

She has also given details similar to that of Smt. Daya Kaur.She lost six members of her family.Her report was also not registered alt the Police Station

As she mentioned certain names.

v) SMT. RAGHUBIR KAUR (2347): -

Resident of A-3/65, Nand Nagri.

She lost three personsin her house on 2nd November, 1984 in addition to her husband who was killed on 1st of November, 1984 morning in similar manner as given in other affidavits.She has given the same details as those by other residents of the area.She mentioned forty-eight Sikhs having been killed in Block ‘A’ in her street only.

vi) SMT. NARENDER KAUR (2447): -

Resident of A-3/6 & A-3/7, Nand Nagri.

She has given more or less similar details as other residents of that locality.She has also added that before the attacks began, four Policemen of the Police Station Nand Nagri came to her house and told the boys standing outside to go indoors as Section 144 was in force.Soon after, the attack started.

vii) SMT. SHANTI DEVI (2540): -

Resident of A-5/435, Nand Nagri.

She has narrated the looting as well as killing on 1st November 1984.She has also stated that the Policemen who first came at 1600 hours were telling the mob to act and not delay matters.She had lost a number of persons of her family.She has also mentioned the name of Raj Kumar, Constable of Nand Nagri who was taking down the names of Sardars at the border check Post but did not indicate why he was doing this.Later, her husband was killed.

viii) SMT. CHARANJIT KAUR (2624): -

Resident of B-3/117, Nand Nagri.

(Cross-examined by the Misra Commission)

She lost her husband and other members of her family and had given somewhat similar details.She had also named certain persons of that locality as part of the mob.

ix) SMT. SUKHVINDER KAUR (2626):-

Resident of B-5/436, Nand Nagri.

She lost her husband and father and named certain persons.The details are more or less similar in nature, as in other affidavits, of the locality.

ix)SMT. NANKI DEVI (2550): -

Resident of A-3/500 Nand Nagri,

Besides naming a number of persons as perpetrators of killings, she has made a mention of a Policeman wearing the name –plate of Manjit Sharma along with others who were indulging in beating and killing.Her husband and others were later killed by the mobs.

SHRI TRILOCHAN SINGH (2411): -

Resident of A-3/38, Nand Nagri.

In his affidavit, he has stated that he was Secretary of the Gurudwara Sabha in Nand Nagri.The Gurudwara was set on fire on the morning of 1st November 1984 at about 0930 hours but the crowd remained there till noon. He has also mentioned having seen a Police Jeep of the flying squad and 4-5 men standing near the Gurudwara but they took no action to stop the mob.He escaped from there but when he returned at night he again saw a Police Vehicle near Gurudwara, which was supply fire-wood for burning the dead-bodies.

xi)SMT. JOGINDER KAUR (2554): -

Resident of C-382, Ashok Nagar, Nand Nagri.

She has stated about the killing of three persons on 2nd November 1984 in Ashok Nagar by a mob having lathi and iron-rods of the same size.

xii)SMT. NIRANJAN KAUR (2517): -

Resident of A-3/71, Nand Nagri.

She has given details of the attacks on 1st November 1984 and again in the evening.In addition to the killings, she has also mentioned rape on her.This she later denied during investigation, perhaps out of shame.The also received serious injuries.

EVENTS

3.108.The incidents of violence in this Police Station had started early in the morning of 1st November 1984. The maximum killings had taken place in Nand Nagri Colony.There had been arson in the Gurudwara in Old Seemapuri, Nand Nagri and looting in Durgapuri Chowk and 100 feet Main Road.In the evening of 1st November, 1984 there were killings in New Seemapuri DDA quarters.

DEATHS

3.109.The total number of persons killed in this Police Station, as per Police Station records, are only twenty-seven.This is not surprising as the deponents say that Police was providing fuel to burn the dead-bodies to destroy the evidence.The affidavits filed before the Justice Misra Commission indicate 203 deaths and Citizens’ Justice Committee has put the figure in its arguments at 221.Compensation by Delhi Administration has been paid to 205.As such, we can safely presume that the number of deaths would be about 210.In addition to this, there have been at least 53 cases of arson and looting as per the Delhi Administration records.

FIR' s

3.110.The complaint of the deponents that Police refused to register cases seems to be correct because only four cases have been registered on 1st November, 1984, four on the 2nd November, 1984 and two cases on 3rd November, 1984.No cases were registered on 4th, 5th and 6th of November 1984.

3.111.Even though ten cases had been registered, none of the FIRs gives details of killings in Nand Nagri.In fact, no action appears to have been taken either to stop these killings or to bring them on record.The deponents have said that their reports were not registered primarily for the reason that they were naming the accused persons and they were asked to go away.

3.112.Case No. 57 has been registered at a later stage on 18th February 1987 by Delhi Police against Dr. Verma, a social leader and others, who were mentioned by the deponents in their affidavits.

POLICE ACTION

3.113.During the period between 1st of November, 1984 to 4th November 1984 over 150 rounds are said to have been fired.However, there is no indication of anyone having been injured or hurt in this firing which was obviously not effective.There is no lathi charge or use of tear-gas.There have been no arrests in the Police Station in any of the cases registered.The only arrests are of twenty-nine persons under preventive sections on 3rd November 1984.

DISCUSSIONS

3.114.The killings, particularly in Nand Nagri Colony were of a very gruesome nature and there is reason to believe that he Police parties were present but took no effective steps to check them.The SHO mentions as follows about Nand Nagri in his movement chart: -

“ 1157 hours: I along with staff reached Block ‘A’, Nand Nagri on hearing that the mob had set fire to the houses of Sikhs community and found a huge mob consisting of about 2,000 persons.The mob was dispersed.

Period of Stay: 10-15 minutes.

Remarks: - Situation was brought under control.”

3.115.It is interesting to note that the SHO has given two reports to his superiors.The first on 2nd December 1984 and the second on 13th February 1985.In the first report, he mentions: -

“ At 1157 hours, I along with the staff reached Block ‘A’, Nand Nagri on hearing that the mob had set fire to the houses of Sikh gentlemen and found a huge mob consisting of about 2000-2500 persons setting fire to the houses of Sikhs residents and carrying away their belongings.On this, lathies were used and Sub Inspector Sri Chand along with force was summoned at the spot who reached the spot within ten minutes and the mob was dispersed after strenuous efforts and the situation was brought under control within 10-15 minutes.”

The second report which is practically the same, omits this particular para, which indicates that the SHO deliberately wanted to avoid showing his visit to Nand Nagri in the report to the senior officers.Also, records show that during the riots no lathi charge was made in this Police station.

3.116.It is worth mentioning here that the report dated the 20th November 1984 prepared by the Deputy Commissioner of Police (East) giving a resume of the incidents mentions of information about Block A-3, and A-5 of Nand Nagri at 2135 hours on 1st November 1984.The SHO along with the staff are stated to have reached there.The Deputy Commissioner of Police further mentions that the SHO rescued fifty persons including children from Block A-3, and 60-65 persons consisting of eight families from Block A-5.Neither the report of the SHO nor his log mentions anything about this rescue operation.The Deputy Commissioner of Police seems to be ------------ some imaginary rescue operation.

3.117.The killings in Nand Nagri have taken place in the forenoon of 1st of November 1984 onwards.The SHO himself along with the staff has been pre3sent especially at Block ‘A’ in Nand Nagri.His statement that situation was brought under control appears to be totally false and misleading.He seems to have deliberately avoided taking any action to prevent these killings and had also tried to conceal these incidents in the Police records, besides giving two versions in his reports about his presence.

3.118.The affidavits specifically mention the presence of Police Vehicles in the area when the killings were going on.As per the Police records, at1010 hours, SHO had asked Sub Inspector Sri Chand along with staff to go to Block ‘A’, Nand Nagriin a pick-up Van and Sub Inspector Sri Chand had gone there.There is no reason to doubt that the reference in various affidavits to the presence of a Police Vehicle would be the one taken by Sub Inspector Sri Chand.According to the records of the police Station, the Police force consisted of SI Sri Chand, Sub Inspector Jagdish Prasad and Sub Inspector Sadhu Ram, with the Constables and the Driver.This Police party had apparently remained a silent spectator to the killings, like the SHO, if not an active participant.

3.119.The Police Station had apparently not received any extra force during the riots.This is hardly relevant because the facts indicate that even where the force was available, the Police remained totally passive and a silent spectator to the killings.Besides, from the affidavit of Shri Trilochan Singh (2411) it seems that efforts were made to destroy evidence of killings by providing fuel to burn the dead-bodies of those killed.

RECOMMENDATIONS

The following action is recommended against the staff of the Police Station: -

A)SHRI R.S. THAKUR, SHO: -

Besides ineffectiveness in general and non-registration of cases his main act of misconduct has been the fact that he went to Block ‘A’, Nand Nagri on 1st November, 1984 and came away within fifteen minutes without taking any effective steps to prevent the killings or to reflect the same in the Police records after they had taken place.His statement that he brought the situation under control is absolutely false and he deserves to be dealt with departmentally.His actions clearly indicate that he is not fit to retained in service and departmental action for major penalty should be initiated.

B) SHRI C.L. JATAV, SUB INSPECTOR INCHARGE, POLICE POST NAND NAGRI: -

It was his primary responsibility to maintain law and order, as he was in charge of the Police Post.He failed in the discharge of his duties by not bringing on record the incidents of killings in Nand Nagri.He also deserves to be dealt with departmentally for major penalty.

C)SHRI SRI CHAND, Sub Inspector:

D) Shri Jagdish Prasad, Sub Inspectorand

E)Shri Sadhu Ram, Sub Inspector:

The three Sub Inspectors had gone to Nand Nagri in a Police Vehicle where they apparently remained silent spectators to the killings.In respect of Sub Inspector Sri Chand, it can further be stated that he had specificallybeen directed to go and had also reached Nand Nagri at the time when the killings were taking place.As such, his misconduct is more serious since he was In charge of the Police Party.Departmental proceedings are recommended against him for major penalty, as he does not seem fit to be retained in the force.Suitable departmental action is also recommended against Sub Inspectors Sadhu Ram and Jagdish Prasad.

F)Shri Raj Kumar, Constable: -

3.137. He was posted at Police Post Nand Nagri, Police Station Seemapuriin October-November, 1984.Similar departmental action is recommended against him.

POLICE STATION -KALYAN PURI

SHO:SHRI SHOORVIR SINGH TYAGI

ACP:SHRI R.D. MALHOTRA

3.138.Police station Kalyanpuri is located in the south of the District and borders Ghaziabad District of Uttar Pradesh.This Police Station had an outpost at Trilokpuri (which has subsequently been upgraded into a Police Station0.At the outpost of Patparganj (Trilokpuri), Sub Inspector Vinod Kumar was In charge.The area consists mainly of resettlement colonies and is inhabited by the poorer section of society.

AFFIDAVITS BEFORE THE COMMITTEE

3.139.In response to the public notices issued by this Committee, the maximum number of affidavits have been received in this Police Station.There are as many as thirty of them including one given by Shri Shoorvir Singh Tyagi, former SHO of this Police Station.All these affidavits are similar in nature and praise the role of Shri Shoorvir Singh Tyagi in particular, and the Police in general, about good work having been done during the riots.In a few affidavits, Head Constable Rajbir and Sub Inspector Jugti Ram have also been mentioned as having been extremely helpful.

3.140.Inspector Shoorvir Singh Tyagi in His affidavit (10/87) has stated that he had always kept his superiors informed of all that was happening. He claims to have made proper arrangements by deputing armed Policeman at various affected places.According to him, the information about serious cases ofrioting and arson did not evoke any helpful response, particularly from Deputy Commissioner of police Shri Sewa Dass who took no follow-up action.According to the SHO, the Deputy Commissioner of police had alsorestricted the registration of criminal cases locality-wise as a result of which all the incidents could not be recorded as FIR's.

AFFIDAVITS BEFORE JUSTICE MISRA COMMISSION

3.141.In the Justice Misra Commission also, the maximum number of affidavits had been received in respect of this police Station.There area number of deponent s that state that affidavits in favour of the police were being obtained through threats, decoitand misrepresentation.Some of the affidavits of this nature are as under: -

i)SHRI HARI SINGH (157 & 2449): -

Describes how, in the second half of August, 1985, a Police man (not in uniform) whom the deponent could recognize, took him to a hotel and after giving him drinks procured his signatures on certain papers.Later he came to know that the signatures had been obtained to be presented before the Inquiry Commission.He has stated that during the riots, the SHO who was accompanying some Police Personnel had fired at them.

ii)SHRI SAROOP SINGH (139): -

Described how, in the second week of August 1985, a Policeman came and took him on a bicycle to the Police Station where he was produced before Sub Inspector Manphool Singh.Ex-SHO Shri S.V. Singh Tyagi was presents their along with 4-5 persons in the room of Sub Inspector.There he was made to sign some papers which he came to know later, were for the Inquiry Commission.

iii)SHRI PRITAM SINGH (168): -

Stated that in the second week of August 1985, suspended Sub Inspector Jugti Ram had come to his house and took him to the Police Station on in the room of Sub Inspector Manphool Singh.There, Jugti Ram and Ex-SHO S.V. Singh Tyagi toldthe deponent to make a statement and help them.His signatures were taken at four places, which he put out of fear.

iv)SHRI AVTAR SINGH (169):

After describing the events from 31st October 1984 to 3rd November 1984, he has stated that ex-SHO S.V. Singh Tyagi was approaching some Sikhs of his Block asking them to make a statement in his favour.The deponent was asked at the Police Station to do so but he refused.He came to know that many others had also been called to the police Station and some of them made to sign certain papers.

v)SHRI SOBHA SINGH (2451 & 151):

On 22nd August 1985 (morning) Shri Parsa Singh (2628) had told him that a policeman had come and 4-5 respectable persons had been called to the Police Station.The deponent who was Pradhan of Block No. 12 of Kalyanpuri, along with some of them, went to the Police Station and he was taken to the room of Sub-Inspector Manphool Singh where along with some others Ex-SHO S.V.Singh Tyagi was also present.Shri Tyagi wanted them to give statements in his favour.On being told by the deponent and his colleagues that police had done nothing to save them, Shri Tyagi replied that whatever had been done was done on the orders of higher authorities.Shri Tyagi is stated to have uttered the following words: -

“ Those who brag of being your own, those very officers had issued directions to us.Had he not obeyed, he would have suffered.Now when he obeyed, he is being penalized.”

When asked as to why he lodged false cases against them, Shri Tyagi replied that this was done at the instance of ‘JATAV’ and other higher officers.

Shri Sobha Singh was also cross-examined in the Justice Misra Commission.The above facts have been narrated by him in his affidavit Nos. 2451 & 151.

VI)SHRI PARSA SINGH (2628):

Described how in the middle of August, 1985 Head Constable Kanwar Singh came to him and summoned him to the Police Station.At the Police Station, Shri Tyagi asked for help.When the deponent said that the SHO had not even tried to save their lives and instead arrested them and involved them in false cases, the ex-SHO pleaded that he had done nothing of his own, that he had orders from above including Jatav, Addl. Commissioner of Police.

A couple of days later, Head Constable Kanwar Singh again came this house and the deponent took 4-5 other persons including Shri Sobha Singh (2451) to the Police Station.Ex-SHO Shri Tyagi repeated the same thing.

3.142.The following affidavits describe how the SHO and the other Police staff took away the guns and other weapons of the Sikhs with them when they (Sikhs) were trying to organize themselves in self-defense.

i)SHRI LACHHAMAN SINGH (2286):

On the morningof 1st November, 1984, SHO Kalyanpuri Shri Tyagi along with one Sub Inspector and five other Police personnel came to their colony and threatened that the Sikhs should hand over their weapons. They stated to be having orders from higher-ups and forcibly took away twelve bore DBBL. Gun of the deponent.Soon thereafter, a crowd came and started looting and killing.There is another affidavit of his on record bearing the same number in which he has corroborated Shri Parsa Singh (2628) and Shri Sobha Singh (2451) and stated that ex-SHO Shri Tyagi had claimed to have done everything under the orders of Shri Jatav and other officers.

ii)SHRI GURBACHAN SINGH (2465):

He has described successive attacks from 1st to 3rd November 1984, the resistance of the residents and the role of the SHO and other policemen who disarmed them and allowed the mob to loot them.

iii)SHRI RAM SINGH (2613):

He has stated that SHO Shri S.V. Singh Tyagi came there and took away the guns stating that if they did not hand over the guns, they could expect no help.After taking away the guns, he gave some signal to the mob, which attacked the Gurudwara.

iv)SHRI SANTA SINGH (2615):

Described how SHO Shri Tyagi told them that he had orders from higher –ups to seize all weapons.When the deponent refused to do so, SHO Shri Tyagi pointed his revolver at the deponent.At that the deponent handed over his gun, Kirpanand Kulhari (Hatchet) etc. Soon thereafter, the crowd started attacking.According to the deponent, he could see SHO Shri Tyagi and other policemen along with the mob firing.The same evening, the deponent along with his son was taken to the Police Station and after having been kept there for the night, set free the next morning.By then his house along with those of some others had been burnt down.

v)SHRI KABUL SINGH (2634):

Described how in the morning of 1st November 1984, SHO Shri Tyagi along with other police staff came to the deponent’s house and disarmed him.The police then searched his house and took him to the Police Station stating that other persons who had guns were also at the Police Station.SHO kept about twenty-five such people at the Police Station and sent them to Tihar Jail next day.

vi)SHRI SOBHA SINGH (151 & 2451):

In his affidavit No. 151, he has narrated how police party led by SHO Tyagi came to his house and took away his licensed gun on 1st November, 1984 morning.In the evening, some policemen took him to the police station where he was locked up with 20-25 persons already there.

3.143.The following affidavits are to the effect that police asked the Sikhs to go inside their houses which was followed by mob attacks on them:

i)SMT. BURFI BAI (2292):

On the morning of 1st November, 1984 people were collecting outside their houses when two policemen came and asked everyone to go inside their houses as curfew had been imposed.Saying this they went away.There was some confrontation and, the Sikhs with their swords were resisting the mob.A police vehicle came and police specifically orders the Sikhs to go inside.When the Sikhs went into their houses, the police vehicle went away and while going away they told the mob that all the Sikhs were in their houses.Immediately thereafter, there was an attack and arson and killings started.

ii)SMT. JANKI BAI (2534 & 2583)

She has stated how the policemen asked the Sikhs to go inside their houses after which the attack started.She has described how some of the local leaders as well as the known persons of the locality were going about killing the people.She had been cross-examined and has also stated how after sending the Sikhs inside, the police gave a whistle and made gestures by hand to the crowd.

iii)SMT. JASSI BAI (2719)

She has described how the mob of the locality as well as nearby places were attacking the Sikhs but were being repulsed.Initially some local leaders told the Sikhs to stay indoors assuring that no harm would be done.In the meantime, a local police‘THANEDAR’ came and asked the Sikhs to stay indoors stating that they would be safe.The moment the men went indoors the THANEDAR fired a shot and then signaled the assailants to attack, he disappearing from the scene.She has also given names of other ladies of the locality who could testify to these facts.

The deponent has been examined inthe Justice Misra Commission and has confirmed the correctness of her statement.

iv) SMT. BAKHTI BAI (2710)

She has described how on the morning of 1st November 1984 the Sikhs with their swords and spears were keeping the mobs at bay.The local leaders and the police told them that they would be protected and should go to their houses.Soon after they went inside, the attacks started resulting in mass scale massacre.The police had fired three rounds in the air before asking the Sikhs to go inside their houses.The has been cross-examined in the Justice Misra Commission and confirmed her affidavit to be true.

v) SMT. SHAMMI BAI (2685)

She has described how the police gave no help when the Gurudwara was being burnt and the police stated that it was beyond their power to do so.They asked the Sikhs to go back to their houses as curfew had been imposed, promising that no one would be killed, and only the Gurudwara would be burnt.When the Sikhs went into their houses, the police came to collect their swords.She has also been cross-examined and confirmed the details given in her affidavit.

vi) SMT. GOPI KAUR (2541)

She has described how some police personnel from Police Station Kalyanpuri came and told the Sikhs that curfew was in force and they should go inside their houses.She has described the killings on 1st and 2nd November 1984 and according to the deponent, the police hardly ever came and even when it came, it did so to incite the mobs.Electricity was cut at night resulting in total darkness in the area.

vii)SMT. HARBHAJAN KAUR (2709)

She has stated that policemen used to tell the Sikhs to go inside their houses and then directed the mob to attack.

viii)SMT. TEHMI DEVI (159)

She has described how on the morning of 1st November 1984, policemen came when the Sikhs and non-Sikhs had collected outside their houses.The police advised the Sikhs to into their houses stating that there was nothing to fear.Thereafter the Policemen gave a signal to the mob to attack and burning and killing started.

3.144. The following affidavits describe how the Police is accompanying the mob and was not only a silent spectator in most of the cases but in some also instigating the moband occasionally even going to the extent of making themselves a part of it: -

i)SMT. GURDEEP KAUR(2297): -

Resident of Block No. 32, Trilokpuri, described how after sending the Sikhs inside their houses, they were attacked and the Police was with them.In fact, the Policemen are stated to have told the mob that if so much time had been given to Sikhs, they would not have spared a single clean-shaven person.All the time Policemen were with the local leaders who were also leading the mobs.She also alleges molestation of a number of women by the people of the area.

ii)SMT. PIRBI BAI (2296): -

In addition to the molestation, she has mentioned that one of the ladies was also raped by certain people.She has named a number of persons involved in killings and rape.She has also mentioned that before the killings, electricity wires were cut.

iii)SHRI MOHAN SINGH (2318): -

Resident of Block No. 32 Trilokpuri has mentioned the coming of SHO Shri Tyagi and Head Constable Rajbir Singh to that area when the mob had collected.The SHO had threatened the Sikhs and went away along with the Policemen after which the looting and burning started.After gettinghis hair cut, the deponent went to the Police Station but was beaten up and turned out.He went to the Police Head Quarters also but when they came to know that he was a Sikh he was turned out.Later in the day, he went to the office of the newspaper and informed some Press Correspondents.It has been confirmed from the affidavit of the Press Correspondent Shri Joseph Maliakan (2699) that the first information that he got at 1130 hours on 2nd November 1984 about the massacre in Trilokpuri was from Shri Mohan Singh, the deponent.

3.145.The following persons have described the killings of a large number of persons and that the Police led by SHO Shri S.V.Singh Tygai took all the weapons of the residents of block No. 11,12 and 13 of Kalyanpuri.

i)SHRI JOGI SINGH (2367)

ii)SMT. SURJIT KAUR (2393)

iii)SMT. BIRMI BAI (2397)

iv)SHRI JIT SINGH (2398)]

v)SMT. DARSHAN KAUR (2452)

vi)SMT. DHAN KAUR (2586)

vii)SMT. GORA RAKHI (2610)

3.146.SHRI DHANPAT SINGH(2623): -

He has stated that some local leaders were giving money for killing Sikhs.According to him, this bait further motivated the crowd to attack the Sikhs.

SHRI JASWANT SINGH (2415): -

Resident of Gandhi Nagar.

He had a small business of wheat grinding in Block No. 32 Trilokpuri.He has described how he reached Trilokpuri and given details of the riots, which according to him had been organized by the local Congress Leaders.He was saved by his Muslim friends and but for them he would have been a dead-man.The police thereafter arrested the Muslim Kadir who had saved him and he was later bailed out by the efforts of the deponent.He also described how he saw innumerable dead-bodies on his way back from Trilokpuri from where he had escaped with the help of his Muslim friends.

He later filed an application before the Justice Misra Commission describing how he was being harassed by Shri Rampal Saroj and others who threatened him and declared that they would take revenge for his giving evidence before the Justice Misra Commission, and sought protection.Justice Misra had the allegations investigated and thereafter directed the Delhi Administration to give adequate protection to Shri Jaswant Singh.He had also applied for shifting of his shop from Trilokpuri to Tilak Vihar, as he felt insecure in Trilokpuri.Apparently through the good offices of the Commission he was given a shop in Tilak Vihar.

3.147.There are quite a few affidavits describing the disposal of dead-bodies:-

i) SHRI ANUP SINGH (2809): -

Resident of East Vinod Nagar.

He has stated how on1st November, 1984 morning, two Policemen came on a motorcycle followed by many trucks carrying a number of people.The police joined them.The number plates of the trucks were covered.The police was inciting the mob.Many men were killed by the mob.

ii) SMT. PARKASH KAUR (2340): -

Resident of Trilokpuri

She has stated that eight trucks of dead-bodies were removed from BlockNo.32 and two more from Block No.30.According to her, about 600 Sikhs were killed in Trilokpuri alone.

iii.SMT. MANJIT KAUR (2649): -

Resident of East Vinod Nagar

She has stated that many trucks and buses had come bringing people to their colonies.Some Policemen had also turned up there inciting the mob to kill the Sikhs.According to the deponent on 3rd November 1984 Police dumped all dead-bodies in eight trucks and took them away.This included the dead-body of the deponent’s husband also.

iv.) SHRI HARBANS SINGH (2815): -

He has stated that on 3rd November 1984 the Police took away a number of dead-bodies from Vinod Nagar including the dead-body of his son.The Police told him that if he wanted the body, he could come to the hospital.

v) SMT. TEHMI DEVI (159): -

She has stated that on 3rd November 1984 a large number of dead-bodies had been removed in trucks from Trilokpuri.

3.148.In addition to the affected people, many independent persons Mr. Joseph Maliakan (2699), Shri Rahul Kuldip Bedi (2824 & 147) Shri Monish Sanjay Suri (2737), Shri Smitu Kothari (2268), Smt. Lalita Ramdas (2647 & 2693), Smt. Jaya Jaitly (2702) have given graphic first-hand accounts of the Police behaviour in the Kalyanpuri area.

3.149.On being informed by Shri Mohan Singh (2318) Malikan and Bedi along with another Press Correspondent went to Trilokpuri.The entrance to the Colony was blocked by concrete piles and men armed with lathis were standing guard.A mob told them that the block was out of bounds.Two Police-men came out of the crowd from the direction of Block No. 32 and when the deponents asked them, they said that there was “SHANTI’ in Block No.32 and only two persons had been killed.Saying this, the Policemen sped away.The Press Reporters also went to the Police Station Kalyanpuri where the Duty Officer told them time and again that there was peace in Trilokpuri.However, a parked truck nearby contained three burnt dead-bodies and an injured half-burnt Sikh was lying above them.The injured Sikh told them how a number of people had been killed in Trilokpuri and he himself had been burnt.He had been lying outside the Police Station in the truck for over four hours.When confronted with this, the Duty Officer said that this was the responsibility of the SHO who was away to Delhi for some post mortem and he alone could say anything.

3.150.They also approached the Army Patrol under the command of Col. P.P.S. Bains, but they also took no acti8on as, according to the Colonel they needed orders from the Civil Administration.The Air Force Patrol was also contacted by them near the ITO Bridge but they were told that patrol was for road arrangements as the Prime Minister was to visit that area.Another Army truck parked nearby was contacted but they were told by the in charge that the troops had lost their formation and could do nothing.He, however, advised them to go to the Police Head Quarters.

3.151.They reached the Police Head Quarters at about 1700 hours and in the Office of the Commissioner of Police, Delhi they met Shri Nikhil Kumar, Additional Commissioner of Police, Delhi.According to the correspondent, Shri Nikhil Kumar stated that he was a mere “guest artist” and the maximum he could do was to inform the Police Control Room, which he did.There were also a number of Police officers present in the room.

3.152.The correspondents returned to Trilokpuri around 1800 hours and found SHO Shri Shoorvir Singh Tyagi along with two Constables.He told the deponents that he had informed/radioed his senior officer Deputy Commissioner of Police Shri Sewa Dass about the massacre.The SHO further told them “the Musalmans were responsible for this”.However, for one hour, no other Police force arrived there.There were hundreds of dead-bodies “charred andmutilated “ lying around.On seeing the Press People a number of frightened women and Children hiding behind dead-bodies came out and showed them the extent of the massacre.They pleaded with them to stay, as they feared that there might be another massacre.Mr. Maliakan stayed there and Shri Rahul Kuldip Bedi along with the other Pressmen went to the Police Head Quarters once again.Their Shri Nikhil Kumar, Additional Commissioner of police told him that he had done his job by informing the Police Control Room.Meanwhile Shri H.C. Jatav, Additional Commissioner of police (Range), Delhi came from his tour of trans-Yamuna Colonies – on his own admittance.He declared that“SHANTI” prevailed in the entire area and specifically mentioned Trilokpuri as being “CALM”.

3.153.According to Mr. Maliakan, who had stayed back at Trilokpuri, Shri Sewa Dass after reaching there stated that he had no knowledge of killings which of course was a blatant lie, in view of a clear message from Police Station Kalyanpuri at 1510 hours on 1st November, 1984 to District Control Room and the written statement of ASI Jugti Ram dated 11.3.85.Shri Jatav also reached Trilokpuri at about 1900 hours and called for reinforcements.The survivors of Block No.32 were evacuated.According to Maliakan, more than 350 people were killed in block No.32 and 30 but the Police later informed that only 95 were dead.Another correspondent Shri Monish Sanjay Suri has given a similar version in his affidavit (2737).He was also cross-examined at length by the Commission.On 3rd November 1984 Shri Rahul Kuldip Bedi and Shri Maliakan again went to Trilokpuri and found two dead-bodies burning at the main entrance of the Colony.After spending a few minutes there when they were leaving the Colony they found that two more dead-bodies had been added to where two had been burnt earlier.Shri Maliakan has been cross-examined in detail in Justice Misra Commission.In his cross-examination, he has stated that when he first came across the Policemen mingled in the crowd, he found them quite friendly with the mob and there appeared to be no misunderstanding between the police and the mob.He saw over 300 dead-bodies in that area.

3.154.In this context Shri Smitu Kothati (2268), a social worker and an independent person, describes how he along with others had gone to Kalyanpuri and saw one truck, one matador and a van at the Police Station containing dead-bodies of Sikhs.Their visit to that area made them realize that the Press version of the incidents in that area was correct.He has also been cross-examined by the Justice Misra Commission.

3.155.There are two affidavits of social workers and independent ladies describing the attitude of the local Police in Kalyanpuri towards the whole events: -

i)SMT. LALITA RAMDAS (2647 & 2693): -

She has described the irresponsible attitude of the local police.She states that when she was buying sugar for supplying tea to the riot victims, a Policeman was asking the shopkeeper to raise the price and take advantage of the situation.She has also been examined in the Justice Misra Commission.

ii)SMT. JAYA JAITLY (2702): -

She has described how at Police Station Kalyanpuri the arrested persons were not the least worried and were laughing when their names were being called out to get into the vehicles.According to her, there were about 100 of them.107 arrests were made on 2nd November 1984 night in connection with the killings, according to Police reports.

EVENTS

3.156.Even though some trouble did occur in this Police Station ‘s jurisdiction on 31st October 1984 the main incidents of looting arson and killing occurred from the morning of 1st November 1984.The killings in Trilokpuri particularly in Block No.32 & 36 and nearby overshadowed all other events, not only of the Police Station but also of the District.A very large number of killings had also taken place in Kalyanpuri and Vinod Nagar but there had been mass killings in Block No.32 & 36 of Trilokpuri and almost the entire male population had been wiped out.

3.157.In the initial stages on 1st November, 1984 when the first attack was made on Patparganj Gurudwara it would appear from the FIR registered (422) that In charge, Police Post Patparganj, which covered Trilokpuri, Sub Inspector Vinod Kumar took action and tried to control the situation.He even registered a case.However, subsequent events would show that the SHO Inspector Shoorvir Singh Tyagi took control and the Sub Inspector In charge of the outpost became totally ineffective.There is absolutely no reference to the role of Sub Inspector Vinod Kumar in any affidavit or other Police records, ---------- the FIR referred to above.

3.158.It would be difficult to fully rely on the records of the Police of this Police Station.The SHO himself as well as practically the entire Police staff, was involved almost directly in the massacre/killings.In a situation like this, the Police Station records are not likely to reflect the full truth.The various affidavits discussed above show that the Police was almost directly involved in the attacks on Sikhs and in many cases was apart of the mob as per Smt. Vidya Kaur (2574).The events in Trilokpuri described by the deponents show how the Sikhs were almost forced to go into their houses so that they would not be in a position to collectively resist the mob.The affidavits of Shri Laxman Singh (2286), Gurbachan Singh (2465), Ram Singh (2613), Santa Singh (2615), and Kabul Singh (2634) all of block No.11 & 12 Kalyanpuri indicate how the weapons of the Sikhs were systematically taken away almost forcibly, thus ensuring that the Sikhs would no longer be in a position to defend themselves.In Vinod Nagar, a large number of people had come in trucks from outside and the affidavits of Shri Anup Singh (2809) and Shri Harbans Singh (2815) show that the role of the Police was dubious and so a large number of people were killed.The presence of the Police at the time of attacks on Sikhs has been narrated by almost all the deponents.In Trilokpuri in particular Smt. Gurdeep Kaur (2297) and Shri Mohan Singh (2318) have given details of the same.

3.159.From the above it is evident that when the mobs collected in morning of 1st November, 1984 they were not able to start arson and killings on their own because of the resistance from the Sikhs.The Police effectively intervened and at Kalyanpuri, Shri Tyagi, SHO himself along with his Police staff collected the licensed weapons of the Sikhs and disarmed them.In Trilokpuri they asked the Sikhs to go inside their houses so that they could be individually and separately dealt with by the mob.In Vinod Nagar a large number of people appear to have come from outside.The information regarding these killings had been suppressed at all levels and is evident from the affidavits of the Press Reporters.They were even told on 2nd November 1984 that all was well in Trilokpuri.In addition to this, when a Police Control Room Van was sent on instructions from police Head Quarters it was told by the SHO that only three persons were injured who may be taken to the hospital.To cover up the carnage, attempts were made to dispose of the dead-bodies as has come out in some of the affidavits discussed above.

3.160.Surprisinglyenough, even the senior Police Officer had taken no steps to save the situation and instead pleaded ignorance about all that was going on in Trilokpuri and Kalyanpuri.This plea of total ignorance about these events is not acceptable as the following messages had been sent on wireless in regard to Kalyanpuri and Trilokpuri on 1st November 1984 itself.

i) 1435 Hours – Gurudwara and Shops in Block No. 32 & 36, set on fire.

ii) 1510 Hours - Brick-batting, killings, arson and looting in Block No. 32 & 36 (Log of Police Station Kalyanpuri).

The role of the senior officers, however, will be discussed separately.It will suffice to say here that it is impossible to accept that they were not aware of what was happening in Trilokpuri area.

3.161.Besides the Press Reporters S/Shri Bedi, Suri and Maliakan, some women and children from Trilokpuri had reached Darya Ganj from where the following message came to the Police Head Quarters: -

“2nd November, 1984 – 1825 hours Lt. Col informed Office of the Assistant Commissioner of Police Darya Ganj that many women and children have come to him weeping and all saying that people are indulging in killings in Block No. 34, Trilokpuri which has been totally deserted.”

Realizing that the carnage could no longer be hidden.Additional Commissioner of police placed the SHO under suspension and a case under section 217/221 IPC and Delhi Police Act registered against him and Assistant Sub Inspector Jugti Ramand Constable Driver Munshi Ram.

3.162.The most surprising thing is that even after two Companies of the Armed Police had arrived on the 2nd November, 1984 evening and the Army was also on the scene, violence continued even on the 3rd November, 1984.And people had been killed and burnt as late as the afternoon of 3rd November 1984.On the morning of3rd November, 1984 two Press Reporters Shri Maliakan (2699) and Shri Rahul Kuldip Bedi (2824 & 147) had gone to Trilokpuri and have described how while going there they found two dead-bodies burning at the main entrance and while coming back after a few minutes they found two more added to them.Smt. Vidya Rani (2342) has also described how in the morning of 3rd November 1984 there was an attack in Block No.13, Trilokpuri where she resided.The mob killed four persons of her house itself.This would indicate that even after everything had come out in the open, there was no affective administration in this Police Station area and killings were continuing as the force was not properly deployed and Army was also not given proper guidance.

DEATHS

3.163.The total number of killings, according to the records of Police Station Kalyanpuri, is 154.The facts as have been revealed would indicate the deaths in this Police station area to be the highest in the whole of Delhi and there is evidence of large number of dead-bodies having been disposed off.Hence a large number of people killed could not have come on any record at all.A figure of 600 deaths in this Police Station would be nearer the mark.

FIR' s

3.164. The number of cases pertaining to riots registered in this Police Station was three on It November 1984, none on the 2nd November 1984 and two on the 3rd November 1984.The first two FIR No. 422 & 423 are of a general nature registered at 1330 hours and 1530 hours on the reports of Sub Inspector Vinod Kumar, In charge, Police Post and Inspector Shoorvir Singh Tyagi, SHO Police Station Kalyanpuri.FIR No. 422 states that there was a quarrel going on between Sikhs and the non-sikhs opposite Gurudwara, Patparganj Road.Sub Inspector Vinod Kumar mentions that a mild lathi charge was done by him but the crowd burnt some nearby shops after sprinkling petrol.He has stated to order firing of two rounds by a Constable as a result of which the crowd dispersed and the injured persons also went away with the crowd.One person was also sent to the hospital.FIR No.423 was on a report by Inspector Shoorvir Singh Tyagi.He has stated that he reached Trilokpuri Chowk at 1420 hours along withSub Inspector Manphool Singh wher4e Head Constable Rajbir Singh and two other Constables were present.All of them are stated to have gone to Block No.32, where according to the FIR there was lot of tension and stone throwing was going on.Some people started burning the shops and Jhuggis.On the orders of the SHO, Head Constable Rajbir Singh is stated to have fired five rounds and five rounds were fired by him with his revolver.SHO after sending his report for registration had gone away to other places.

3.165. The thirdFIR of 1st November 1984 was 424 registered at 1640 hours on a report of Sub Inspector Roshan Lal.It pertains to Block No. 11 in Kalyanpuri and mentions a number of persons having been arrested along with their weapons.These names included some of the deponents who later deposed before Justice Misra Commission as to how their weapons had been taken away by the Police.The FIR only mentioned taking away of the weapons from these people though they also had been subsequently arrested and formed part of the twenty-five persons shown arrested on 1st November 1984.All those arrested were Sikhs who were the victims.

3.166.FIR. No. 425 on 2nd November, 1984 at 2045 hours was against Inspector Shoorvir Singh Tyagi and other staff on the report of Shri R.D> Malhotra, Assistant Commissioner of Police.The charge s was dereliction of duty.

3.167.FIR No. 426 was registered on the report of Sub Inspector Manphool Singh in respect of killings in Block No. 32 & 36 Trilokpuri during the riots.

3.168.FIR No. 427 had been registered on 3rdl November, 1984 at 1520 hours in respect of killings on that day when three Sikhs were stated to be burnt on the main road in Block No.13.It also mentioned the arrest of seven persons on the spot.Surprisingly, however, section 302 IPC had not been mentioned in the FIR even though the killings were stated.

DISCUSSIONS

3.169.The events at this Police Station would thus show that the Police staff at this Police Station had itself become a part of the mob indulging in killings.The FIRs discussed above confirm that the SHO and other Police staff were present in Block No. 32 & 36 in Trilokpuri on the Ist November 1984.There is absolutely no reason to doubt that most of the killings had taken place on 1st November 1984 itself.The allegations of weapons having been taken away has been confirmed from FIR No. 424.

3.170.However, it is difficult to say as to what could save promoted the local Police Station staff to behave in this shabby manner.A number of names of local leaders have been mentioned in various affidavits and there seems to be no reason to doubt that they were leading the mob and the Police was siding with them.

3.171.The SHO in his affidavit to this Committee, has stated that he was keeping the senior Officers informed and they were just not interested in taking any action and were not reacting at all.The name of Shri Sewa Dass, Deputy Commissioner of Police, finds particular mention in this affidavit.He has also stated that Deputy Commissioner of Police gave him the draft of the FIRs and told him not to register cases under section 302 IPC.Yet the fact that Inspector Shoorvir Singh Tyagi appeared to be a favourite of Shri Sewa Dass is indicated by the orders received by him for proceeding to Gandhi Nagar when some trouble took place in in Ajit Nagar.Normally, in such situation SHO of one Police Station is not sent to some other Police Station and if at all, only a trusted man could be sent. It also appears probable that the senior officers of Police also did not want to intervene in the killings and hence took the plea that they were not aware of the incidents and kept them away.The Deputy Commissioner of Police had visited Kalyanpuri on 1st November 1984 in the evening and gone up to the Police Station.He probably expected the SHO to clear up the evidence of killings as the dead-bodies were being burnt and removed, and therefore kept quiet.

3.172.It is worth-mentioning that even though a case had been registered against Shri Shoorvir Singh Tyagi, SHO arguments given by the Delhi Administration in the Justice Misra Commission; the role of Inspector Shoorvir Singh Tyagi as well as the other Police Station staff has actually been justified.These two actions are contrary to each other.The bias of Delhi Administration in favour of the staff of P.S. Kalyanpuri is not understandable especially in view of the fact that even in a preliminary enquiry report dated 24.7.85 (Annexe. “C” by Sh.D.D.Sharma, ACP, Shahdara, and the conduct of Inspector Shoorvir Singh, SHO, and Head Constable Rajbir Singh come in for very adverse criticism and clearly establish their involvement in the riots.

3.173.All the initial arrests made by Police of Kalya npuri are of Sikhs.In respect of FIR No.424 twenty-five persons have been arrested on 1st of November 1984.All subsequent arrests of the alleged culprits have been made after the carnage had come out into lime light on the 2nd November 1984 evening.

3.174.The number of arrests made on 2nd November 1984 is 107 and on 3rd November 1984 nine.But they are irrelevant, as the damage had already been done with the active help of the Police.During the actual riots, no preventive arrests were made at all in this Police Station, which shows that the local Police Station staff was not interested in maintaining law and order.Even the arrests made were only for the sake of form as the affidavit of Smt. Jaya Jaitly (2702) shows that the arrested persons did not appear to be worried at all and seemed to know that nothing would happen to them.That is why they are stated to have been laughing when their names were called at the Police Station for being taken into jail in vehicles.

3.175.Police records also indicate that twenty-one rounds were fired on 1st of November 1984 sixty-two on the 2nd of November 1984 and 107 on 3rd November 1984 within this Police Station.However, all these figures appear to be cooked up as no effective action had been taken anywhere at all.In fact, there is evidence that the firing, if any, done by the Police was either directed on the Sikhs or in the air.There was no use of tear-gas and no lathi charge except one on 1st November, 1984 mentioned in FIR No.422 registered by Sub Inspector Vinod Kumar, In charge of Out Post Inspector Patparganj.

3.176.The Police Station had received two Coys consist-force on the 4th November 1984.It has been stated by the SHO in his statement that in spite of repeated requests; he got no force at all.However, this would not appear relevant at all since the Police at this Police Station was itself conniving with the crowd.Therefore, any amount of force would not have been of use.

3.177.The above would be clear from the fact that even though the Army had arrived on the 2nd November 1984 it was not properly utilized.On the other hand, it was misguided.This would be evident from what has been stated by the Assistant Commissioner of Police in his report dated the 14th February 1985: -

“ On 2nd November, 1984, Lt. Col. Sinha, with his staff also visited the Police Station Kalyan Puri and he asked if any help is required by the localPolice.He was not informed about the happening in the area.”

“Lt. Col. Sinha met SHO Kalyanpuri on 2nd November 1984 in the afternoon, he was not informed about Trilokpuri incidents.”

3.178.The acts of Inspector Shoorvir Singh Tyagi and Head Constable Rajbir Singh during the riots and those of Sub Inspector Manphool Singh subsequently actually amount to criminal misconduct.It is a pity that even though a case was registered against Inspector Shoorvir Singh Tyagi the genuine will to take action was absent.This would be clear from the fact that the case was sent to court but sanction for prosecution under Section 197 Criminal Procedure Code was not obtained as a result of which the case was discharged.The Sections of law mentioned in the FIR had also made the offence time-barred.It would be a pity if Police personnel like Shoorvir SinghTyagi, and Rajbir Singh go unpunished for technical reasons.,Whether this was a deliberate act of eye-wash on the part of senior Police Officer in Delhi who submitted a charge-sheet in such a perfunctory manner, is a matter of surmise.If not deliberate, it shows total callousness towards the events of 1984.

3.179.A visit by the Officers assisting the Committee to Trilokpuri and particularly to Block No.32, shows, that even after three years of the riots, not a single Sikh family has come back.The whole Block is still lying half-burnt and destroyed showing the extent to which the damage was done on 1st and 2nd of November 1984.This is a clear indication that the Administration has still not been able to inspire any confidence in the minds of the affected persons.,The reason for this is obvious.The instigators of the carnage and the killers themselves are at large and roaming about in the area without any fear.Almost all the affidavits have very clearly named the main accused persons involved in the killings, looting and arson.It there was the will to act it would not have been difficult to take effective legal action against them.It would appear that they have support and hence after committing all the crimes of murder, loot, arson and rape they are still in a position to terrorize the victims.

RECOMMENDATIONS

3.180In the light of above, it would be desirable that each and every member of the staff posted in Police Station Kalyanpuri during October-November, 1984 riots is shifted out not only from Trilokpuri/ Kalyanpuribut from East District itself.

3.181It is understood that some departmental proceedings have been initiated against Inspector Shoorvir Singh Tyagi.His attempts, to a great extent successful, in obtaining affidavits in his favour by browbeating the witnesses indicate that it is highly unlikely that any witness would have the courage of coming and giving evidence against him.Even after his suspension, it has been seen that the Police staff of Kalyanpuri, particularly Sub Inspector Manphool Singh, have been helping Shoorvir Singh Tyagi by bringing over persons to be pressurized to depose in his favour.However, this SHO is a living shame for any Police organization and the best way to get rid of him in public interest would be to take action under Article 311(2) (b) of the Constitution.This would perhaps restore some confidence in the mind of public.

3.182Disciplinary action for major penalty against Sub Inspector Manphool Singh is recommended for having sent for persons to be influenced by Inspector Shoorvir Singh Tyagi for deposing in his favour. It is rather surprising that Sub Inspector Manphool Singh who was at the Police Station during the riots continued at Police Station Kalyanpuri/Trilokpuri even after the riots.

3.183Disciplinary action also needs to be taken against Head Constable Gautam (No.136) who was functioning as Duty Officer on 2.11.84 in place of ASI Jugti Ram.Shri Gautam misguided and misinformed everyone including the Press Reporters by stating that everything was peaceful in Trilokpuri, even when dead-bodies were lying in a truck there.Not only this, her was callous enough to let a half burnt Sikh lie in the truck along with the dead-bodies instead of helping him to get medical aid.

3.184. Disciplinary action proceedings for major penalty are also recommended against Head Constable Rajbir Singh and Constable Driver Munshi Ram for their role in the killings.They had been instigating the mobs to kill and loot the Sikhs in Trilokpuri.

ASSISTANT COMMISSIONERS OF POLICE

East District

3,185 During October-November, 1984 riots, the following three Assistant Commissioners of Police were posted in the East District:-

i)Shri D.D. Sharma, ACP

Police Station: Shahdara, Yamunapuri, Seelampur.

ii)Shri B.S. Bhola, ACP.

Police Station: Farsh Bazar, Krishna Nagar, and Seemapuri.

iii)Shri R.D. Malhotra, ACP.

Police Station: Gandhi Nagar, Kalyanpuri, and Shakarpur.

3.186.Shri B.S. Bhola was on leave during the relevant period and though no formal orders in writing are available, it has been ascertained that ACP Head Quarters Shri Purshottam Dass had been asked to supervise Police Stations Farsh Bazar, and Seemapuri whereas Police Station Krishna Nagar was to be looked after by ACP Gandhi Nagar, Shri R.D. Malhotra.

3.187.Shri R.D. Malhotra was In charge of the areas where the worst incidents had taken place.This includes Trilokpuri in Police Station Kalyanpuri.According to Shri Malhotra vide his report dated the 14th February, 1985, he had been asked by the Deputy Commissioner of Police to confine himself to the main road-Vikas Marg-which connects Delhi with Uttar Pradesh.It was only on the 2nd November 1984 when he was asked to reach Trilokpuri after the massacre had become known to every one that he has moved out.Moreover, even if we accept that he had been asked to confine himself to Shakarpur area, the fact remains that a number of incidents have occurred where he was present and apparently he took no action to deal with them.His own report dated the 25th February 1985 along with which his movement chart has been attached shows that he was present at a number of places on 1st and 2nd November 1984.Not only this, FIR No. 368 of Police Station Shakarpur registered at 1335 hours on 1st November, 1984 specifically mentions that a mob had set fire to Gurudwara Preet Vihar and ACP/Gandhi Nagar had also reached the spot.The FIR mentions four dead-bodies having been found inside the Gurudwara, besides one in house No. E-62, Preet Vihar.This would show that Shri Malhotra has not taken any action even when killings have taken place in his presence and has also not reflected them in his report.

3.188.He was also supposed to be looking after Police Station Krishna Nagar but has apparently not even visited any place in that Police Station.

3.189.He had also issued directions to SHOs Kalyanpuri, Gandhi Nagar and Shakarpur to register three, on e and three case respectively at their Police Stations.The reasons for this as mentioned in his report dated the25th February, 1985, was that directions had been issued to him by the Deputy Commissioner of Police, East in this regard.However, the Deputy Commissioner of Police had only directed that cases be registered locality-wise.Issuance of these instructions of limiting the cases to specific number is against all provisions of law and rules.His contention that the three SHOs had informed him those only three, one and three incidents respectively had taken place in their Police Stations, is totally absurd.It was for anyone to see that looting; burning and killings were going on at a number of places in different localities.It isa serious act of misconduct on the part of Shri Malhotra to have issued such instructions.He has twisted the instructions given by the Deputy Commissioner of Police, East District and it was an obvious attempt to conceal and play down the killings.The area under his charge accounted for nearly eight hundred deaths.

3.190.In addition to this, there is specific allegation made by Smt. Kusum Lata Jain in her affidavit No.164/85 to the effect that in her presence the Assistant Commissioner of Police asked the mob to go on with killing and looting.The extract of the affidavit is as under: -

“ At that time a Police Van came from the road near the School.R.D. Malhotra and Mool Chand, S.P., were in the Van.They told the gang that we are standing on the road ten steps away and you continue with your work.”

3.191An affidavit given by a non-Sikh as well as a Congress worker herself cannot be brushed aside easily.She is a disinterested person and has given a clear account of killings in her presence.There is no reason to doubt her statement against Shri Malhotra.

3.192.The affidavit of Shri Jagjit Singh (2314) also mentions about Shri R.D. Malhotra.The relevant extract of the affidavit is as under: -

“ On 9th November, 1984 I returned back home.I was toldby Kuldeep Gill that ACP R.D. Malhotra and SHO Choudhary Jai Singh had said in front of my house on 2nd November, 1984, Jagjit Singh is alive, he be killed.If he escapes then in future, he will trouble us.”

However, this is hear say since the affidavit has not been sworn by the person in whose presence the words were stated.

3.193.Disciplinary action against Shri Malhotra is recommended on three grounds: -

i) Lack of supervision and control and for not taking any effective action during said riots.

ii) Encouraging the mob to carry out killings as stated in the affidavit of Smt. Kusum Lata Jain.

i)For issuing illegal instructions to the SHOs regarding registration of cases.

ii)Failed to provide the necessary leadership to his subordinates to control the situation.

3.194.In regard to Shri D.D. Sharma, ACP, Shahdara there are no specific allegations against him by name.It would appear from records that he was most of the time with the Deputy Commissioner of Police and even when not with him, he has not taken any positive action in any of his Police Stations to control rioting.The total number of deaths in his Sub Division are to the tune of 500 and there is not one instance on record in which it would be stated that he had taken effective action to deal with the situation.It would appear that he remained totally passive through out.Surprisingly, enough, his name figures in FIR No. 502/84 dated the 2ndNovember, 1984 of Police Station Seemapuri.The FIR mentions that in Ashok Nagar some houses were burnt and three dead-bodies were being burnt.SHO Seemapuri and ACP D.D.Sharma are stated to have reached there.It is not clear how he happened to be at the place which was not even in his jurisdiction and what measures he took to control the situation.

He has since retired from service on 31st October 1985 and as such no action is recommended against him.

3.195.Shri Purshottam Dass, Assistant Commissioner of Police (Head Quarters) was supposed to be looking after Police Stations Farsh Bazar and Seemapuri.Direction to him regarding this appears to have been oral as no document is available to confirm this.There are also no allegations against him by name.However, the fact that the events in Nand Nagri Police Station Seemapuri are only second to Trilokpuri in their tragic magnitude, his inaction can only reflect his unsuitableness for the job, unless he was deliberately trying to avoid being involved in the law enforcing process in the circumstances prevailing at that time.There is nothing to show that he even as much as visited Nand Nagri when messages on wireless were flying around indicating the events taking place.Police Station Seemapuri has seen more than 200 deaths and the Assistant Commissioner of Police Shri Dass seems to have made no efforts to check them.

Suitable disciplinary action as deemed proper may be taken against him for his lack of proper supervision and inaction.

DEPUTY COMMISSIONER OF POLICE

East District

Shri Sewa Dass

3.196. Shri Sewa Dass was posted as Deputy Commissioner of Police (East) from 28th December 1982to 25th march, 1985.This District was the worst affected during the October-November, 1984 riots and accounted for almost half the killings in the whole of Delhi.

3.197. The sequence of events shows that there was a total breakdown of law and order in East District and the senior Officers necessarily become accountable.It is rather unfortunate that during the course of 3-4 days, when the Sikhs were being massacred in this District not even a single instance has come to notice in which the Police of this District could be said to have done good work or taken effective action to control the riots and prevent killings.

3.198.The trend started on the 31st October, 1984 evening itself when the Sikhs were taken off buses and trucks on the main roads and no Police help was being given to the victims.

3.199.The conduct of Shri Sewa Dass has not only been adversely reflection in the affidavits of the affected persons but also those of independent and reliable persons.These include three Press Reporters namely Mr. Joseph Maliakan (2699), Mr. Rahul Kuldip Bedi (147 & 2824) and Mr. Monish Sanjay Suri (2735 & 2736) two of whom were cross-examined before the Justice Misra Commission.

3.200The Deputy Commissioner of Police had apparently been on the move at various places on 1st, 2nd and 3rd of November 1984 as per his report given to Commissioner of Police, Delhi along with his letter No. 7667 dated the 20th November 1984.However, his Log Book shows his location in his Office at 0755 hours on 1st November 1984 and no movement thereafter.This might have been done to provide an alibi, if necessary, at a later stage.However, the evidence available shows that after the visit of the Deputy Commissioner of Police at various places, violence had not abated but in fact increased.

3.201One of the first things he did was to remove from the scene two Sikhs officers in his jurisdiction who were likely to take effective action.The first instance was on the morning of 1st November 1984, between 1000 hours to 1030 hours when a big crowd collected at Chhaju Pur and the SHO Shahdara, Shri M.S. Sapra (a Sikh Officer) reached there along with force in private auto rickshaw etc. to deal with situation.Deputy Commissioner of police, Shri Sewa Dass along with the Assistant Commissioner of Police Shri D.D.Sharma also reached there and sent the SHO back to the Police Station on the plea that it was necessary for his own safety and then did not provide any one in his place.The second instance is when Swaran Cinema was being set on fire at about 1220 hours on 1st November, 1984 and Range In charge Badan Singh along with force reached there in no time as the Cinema is right across the District Head Quarters.Shri Badan Singh was ordered to go back on the plea that it was not desirable to keep a Sikh officer before the mob.This approach in itself speaks volumes as to how the mind of the Deputy Commissioner of Police who did not seem inclined to take any effective action against the mob, was working.This is also strengthened by the fact that between 31st October, 1984 and 2nd November, 1984 hardly any preventive arrests were made and no one in this District was even burnt or injured by the action of the Police.(In firing or lathi charge etc.).

3.202Even where the situation was totally out of control, the Deputy Commissioner of Police had specifically ordered that the firing be done in the air.There are a number of messages to this effect and extracts of two of them are given below: -

“ On 1st November, 1984 at 1218 hours: Inspector Gian Singh and Range In charge (East), be asked to reach Swaran Cinema with force.Tear smoke be used and get the fire done in air.”

“ In 1st November, 1984 at 1302 hours: Heavy brick-batting in main bazaar, Gandhi Nagar.From Deputy Commissioner of Police East SHO, Gandhi Nagar to reach the spot of brick-batting and open fire in the air.”

3.203.The Commissioner of police, Delhi had on the night of 1st November 1984 at 2352 hours issued orders to shoot at sight in case of arson and looting.However, in East District shortly after at 0237 hours on 2nd November 1984 there is a message from East Control Room that firing be done in air.This further establishes the fact that the Deputy Commissioner of Police, Shri Sewa Dass did not want any effective action to be taken.This act of ordering the subordinates to fire in air was against the police Rules and Regulations on the subject.It is also in contravention of law, which provides for effective use of force to save life and property.Deputy Commissioner of Police even flouted the orders of the Commissioner of Police, Delhi who had specifically ordered to shoot at sight and this resulted in the law and order situation in the East District going completely out of hand.It can safely be concluded that the Police in general and Deputy Commissioner of Police in particular did not behave like members of a disciplined force in this district.

3.204.As has been discussed in the report of the Police Station Kalyanpuri the worst carnage of 1984 riots had been in Block No. 32 & 36 of Trilokpuri, which was part of Police Station Kalyanpuri at that time.Killings started from 1st November 1984 morning and over 500people had died in that area alone.Till the evening of 2nd November, 1984 when the exposure of these killings came through Press Correspondents, Shri Sewa Dass claimed no knowledge about the same which is not acceptable as he had full knowledge, since there is a clear wireless message (Log of Police Station) from SHO Kalyanpuri at 1510 hours on 1st November, 1984 to Deputy Commissioner of Police/Assistant Commissioner of Police to the effect that in Block No.32 & 36 of Trilokpuri riot was taking place and it was leading to heavy loss of life and property.(Also the statement of ASI Jugti Ramdated 11.3.85) This message was acknowledged by both Deputy Commissioner of Police and Assistant Commissioner of Police.In the face ofthis message the statement of Shri Sewa Dass that he had no knowledge of the killings is a deliberate lie and poorly reflects on the caliber and integrity of an officer of his rank and status.

3.205.The fact that he had more than usual faith and trust in the capacity of SHO Kalyanpuri Shri Shoorvir Singh Tyagi is indicated by the fact that when there was trouble in Gandhi Nagar he asked this very SHO to go there though Gandhi Nagar is not even bordering KalyanPuri.The SHO, who totally and wholly failed to take effective action to prevent killings in his own Police Station of Kalyanpuri, could hardly be expected to do justice in another Police Station unless of course the intention was that trouble should be allowed to continue.

3.206.Killings of a similar nature had taken place at Nand Nagri, which was part of the Police Station Seemapuri.Shri Sewa Dass had also not visited that place.This cannot be a more coincidence that two worst affected places i.e. Nand Nagri and Trilokpuri were not visited by the Deputy Commissioner of Police Shri Sewa Dass.He has avoided going there deliberately since he was well aware of what was going on but turned a blind eye for reasons best known to him.

3.207.The law regarding registration of FIRs has been clearly laid down in the Criminal Procedure Code.However, Deputy Commissioner of Police had sent message on the night of Ist/2nd November, 1984 as follows: -

“ All SHOs be informed that regarding incidents occurred, separate cases be registered for separate localities.”

The legality and propriety of such a message is very doubtful.By this message he obviously wanted the SHOs to minimize the registration of crime and avoid registering FIRs on the complaints of individuals.This is a clear violation of law on the subject and subsequently there have been numerous complaints that SHOs did not register FIRs on reports of victims.As a matter of fact, this act of his coupled with his denying any serious incidents in this area till2nd November, 1984 evening, indicates a deliberate attempt on his part to play down the riots and killings in his jurisdiction.

3.208The affidavits of Shri Rahul Kuldip Bedi (147) Shri B.Joseph Maliakan (2699) and of Shri Manish Sanjay Suri (2735 & 2736 & 2737) would show that even when dead-bodies could be seen lying about all over, Shri Sewa Dass stated as late as the evening of2nd November, 1984 that there had been only two deaths in his district and no serious incidents had occurred.The correspondents wondered why Shri Sewa Dass was even bothering to tell such a latent lie.

3.209It may be mentioned that these deponents were unconnected with the riots and there is no reason to doubt their statements, being independent witnesses to the events.Besides, two of these correspondents had also been subjected to cross-examination during Justice Misra Commission’s proceedings and they stood their ground.

3.210The answer to all this actually lies in the actions as well as conduct of Shri Sewa Dass.He did not wish to highlight the killings in his areas, obviously because he was himself accountable for them.There are also a number of affidavits to show that attempts were made to remove the dead-bodies by burning or by removing them in trucks by Police personnel.He probably hoped that the evidence would be destroyed by the time any one would come to know or any hue and cry would be raised.In fact, had it not been for the initiative taken by correspondents like Shri Monish Sanjay Suri, Shri Rahul Kuldip Bedi and Shri B. Joseph Maliakan, it is quite likely that the worst carnage of Trilokpuri and Kalyanpuri may not have been exposed and dead-bodies i.e. the real evidence would have been disposed off quietly later.Statements of Smt. Prem Kaur (178), Smt. Manjit Kaur (2649), Shri Gurcharan Singh (2597), Shri Tajinder Singh (179), Smt. Parkash Kaure (2340) and Shri Trilochan Singh (2411) illustrate the manner of the disposal of the dead-bodies.This has also been corroborated by Shri Gulzar Singh and Smt. Kanta Rani in their statements before the Police.Both are residents of Trilokpuri.

3.211inaddition to this, there is a direct allegation against Deputy Commissioner of Police in the affidavit of Shri Tara Singh (2531) who has also been cross-examined during Justice Misra Commission of Inquiry.He has described how ShriSewa Dass came in his car and directed the mob on the rampage not to burn the shops but take out the goods and then burn them as the buildings belonged to the non-Sikhs.Shri Tara Singh is a responsible witness being an old Congress (I) worker and also Vice President of the Association of his area.Even if there may be some exaggeration in the affidavit the fact that Shri Sewa Dass had come there but took no preventive action and immediately after he left, the miscreants broke open the shops, took the goods out and set them on fire, shows that he had no interest in dealing with the situation.Similarly, there is a statement of Shri Ram Singh son of Lala Sohan Lal of New Seelampur (2573) who was the owner of Rana Studio, to the effect that S.P. Sahib came and took him to the Thana under the pretext of saving him and then falsely implicated him in a criminal case.According to him he had only tried to defend his family and property with his licensed Gun.This case has been discussed in some detail in the report of Police Station Seelampur.

3.212The behaviour and actions of the SHOs of his District also indicate that the attitude of the Police was to let the mobs have a field day and that lack of action on the part of the Police would be appreciated by the senior Officers.This is confirmed by the fact that SHO Kalyanpuri was asked to go to Gandhi Nagar, which was not even in his jurisdiction when his own Police Station was burning.

3.213Not only did Shri Sewa Dass try to suppress the information from the public and the Press but has also ----empted to conceal it from his superiors.Records SHO that there has actually been regular flow of information from the Police Stations and District Control Room about deaths, killings, dead-bodies lying about, yet not even once did he report these facts to his superiors.Even though the Commissioner of Police, Delhi had specifically sent orders at 1600 hours on 1st November, 1984 that he should be informed of the killings/injured, arson etc. Deputy Commissioner of Police asked SHOs to send this information to him (Deputy Commissioner of Police) and he obviously did not pass it on to the Commissioner of Police, Delhi.Thus, he deliberately kept Commissioner of Police, Delhi in the dark about what was going on in his District.

3.214The affidavits on record also indicate that the Police seemed to be under pressure from the local leaders and toughs.This is further corroborated from the registration of cases against local toughs, including four fresh cases in February 1987 against such persons.

3.215Shri Sewa Dass vide his letter dated the 20th November 1984 addressed to the Commissioner of Police; Delhi has given a report along with a detailed note on the incidentsthat took place in his District in the first week of November 1984.This is in the nature of an explanation for the failure of the Police of his District in maintaining law and order.

3.216The main points given by him are: -

i)From the far-flung areas, no one cared to inform the police in time.

ii)Shooting to kill in the beginning would have boomeranged because there was no adequate force to back up such an action.

iii)By the time the Army marched in after 1600 hours on 2nd November 1984 mob fury had started abating in general.

iv)Police had to handle evacuation and setting up relief camps all by themselves in the beginning.

v)Additional force was not supplied and had it been received, most of the damages would have been averted.

3.217In regard to the above, it may be stated that the people would come to the Police only if they accept it to take any concrete action.The facts, on the other hand, show that in this District the Police was partisan and the affected persons were not being given adequate help or protection.Moreover, even when so0meone came to the Police to ask for help or to give any information, he was threatened and asked to go away.Many deponents of this area have given statements to this effect.

3.218It is also on record that the suffering people could reach as far as Darya Ganj to inform to Army authorities about the massacres but the local Officers continued to plead ignorance.The Press Reporters could know at 1130 hours on 2nd November 1984 but not the local police officers till1830 hours.This only shows one thing –the Police of East District including the Deputy Commissioner of Police knew everything and deliberately pleaded ignorance.

3.219It has been explained that shooting to kill would have been dangerous due to lack of adequate force to back up action by Police.This is a totally wrong assessment.In fact, when force is inadequate and likely to be outnumbered, then alone is effective firing desirable and resorted to control the situation.This plea of the Deputy Commissioner of Police is therefore not tenable.Besides, evidence indicates that the mobs were not resisting the police at any place and hence even a mild lathi charge or show of force might have been sufficient to control the situation if the Police had the necessary will to take action.

3.220The arrival of the army did not make much of a difference initially as it was not properly deployed.In any case this is not quite relevant, as most of the damage had already been done before the army arrived and was properly deployed.At some places, as discussed earlier, the Police even misguided the army saying that they did not need any help and things were under control as in the case of Kalyanpuri when Col. Sinha/Bains made enquiries on 2nd November, 1984.

3.221The taking up of relief operations by Police is after the killingsandrioting had taken place and has not affected the Police functioning in any manner during the actual riots.

3.222As has also been mentioned in the Report of Justice Misra Commission of Inquiry, “Inadequacy of Police personnel does not seem to be the real cause.” Of breakdown of law and order (Page No.29).In fact in this District, even the available force was not properly utilized and the Police even helped the mobs in their nefarious activities.Apparently, there was no will on the part of the Deputy Commissioner of Police to check the killings, lootings and arson and hence no account of force would have been adequate.

3.223In the light of the above the excuse given by Shri Sewa Dass are incorrect and unacceptable.Not only this, the correctness of the report of the Deputy Commissioner of Police is also suspected.To give one instance, on page No.20 of his resume he has stated as follows in respect of events on 1st November, 1984: -

“ At about 2135 hours an information was received that some of the Sikhs families ofA-3, A-5 Blocks of Nand Nagri be seized the residents of the above Blocks.On this information SHO/Seemapuri along with the staff reached Block A-3, Nand Nagri and saved fifty Sikhs including children. Information was received that some of the families of Sikhs are also be seized in Block A-5, Nand Nagri.On this SHO/Seemapuri and In charge Police Post Nand Nagri reached the spot and rescued about 7-8 families consisting of 60-65 members of the Sardars.”

3.224This is totally false and apparently misleading to show good work where nothing of the sort has been done.The movement chart of the SHO shows his presence between 2000 hours and 2245 hours elsewhere.Moreover, the Police Station records do not mention this so-called rescue operation anywhere.

3.225This would show that the Deputy Commissioner of Police has tried to reflect totally distorted facts even in his subsequent report and as such no credence can be given to it.

3.226Briefly it may be summed up that Shri Sewa Dass Deputy Commissioner of Police (East) should be prima-facie held responsible for the following acts of omission and commission: -

i)Deputy Commissioner of Police (East) miserably failed to supervise and provide leadership to his subordinates during the October-November, 1984 riots;

ii)He did not keep his superior Officers fullyinformed of the incidents taking place under his jurisdiction.As a matter of fact the Commissioner of Police, Delhi asked for information regarding incidents vides his message of 1620 hours on 1st November, 1984.Deputy Commissioner of Police directed the SHOs to send information to him and there is no record of his passing on the same to his superior Officers.This amounts to concealment of information and failure to discharge his duties;

iii)He removed Sikh Officers from duties that were inclined to take proper measures to deal with the rioters.In the case of SHO Shahdara he did not even provide a substitute to look after the field duties and supervise the work in that Police Station;

iv)The SHOs under his jurisdiction systematically disarmed the Sikhs as a result of which they were unable to protect themselves against the rioters.At the same time no effective action was taken to provide Police Protection to save the lives and property of this community;

v)Although the log of the Deputy Commissioner of Police shows that he was sitting in his Office most of the time on the 1st and 2nd November 1984, in actual fact he was moving around in his jurisdiction.However, there is no evidence worth the name to show that he took effective preventive action to control the situation from deteriorating.This assumption is also strengthened by the fact that nobody was injured or hurt by the alleged firing and lathi charges stated to have been made by the Police to control the situation.Even when rioting have taken place in his own presence and he had along with him Assistant Commissioners of Police, SHO and other staff, and one person indulging in violence has been arrested by him or by the staff present.This would lead tone irresistible conclusion that he knew that what had to be done by him and his force is not to take any action against the rioters and killers.With such a person heading the District Police under him behaved in the manner it did;

vi)Deputy Commissioner of Police visits to affected areas resulted in further violence rather than curbing it and there is some evidence of connivance on the part of Deputy Commissioner of Police (East);

vii)He gave illegal orders to do firing in the air thereby curbing the discretion of the subordinate staff to effectively deal with the rioters even though the police Commissioner had issued specific orders to shoot at sight in case of killing arson and looting;

viii)He made blatant efforts to conceal the number of killings even when dead-bodies were lying around him, when questioned by Press Reporters who had also informed the Police Commissioner’s Office regarding mass killings, especially in Trilokpuri;

ix)He directed the subordinate’s to register only a few cases in each area, which was totally illegal.This could only have been motivated by a desire to minimize the crime in his area;

When mass killings had been brought to the knowledge of all concerned on the afternoon of 2nd November 1984 effective measures were not taken in his District.Killings continued on the main roads up to the 5th November 1984.Proper guidance also was not given to the army so that they were not as effective as they could otherwise have been;

xi)The army had moved into the East District on 2nd November 1984 and camped at Shahdara, Seelampur and Yamunapuri.Apparently, even after its arrival the Civil Administration i.e. Deputy Commissioner of Police did not make effective use of the Army.Hence violence continued inthis District which could have been prevented if prompt and judicious deployment of the army had been made;

3.227.In the light of the above, the conduct of Shri Sewa Dass is a slur on the name of any Police force and he should not be trusted with or assigned any job of responsibility. In fact, he is not considered fit for being retained in service, and this is a fit case for being dealt with under Article 311 (2)(b) of the Constitution of India.This will set an example to others and go along way to tone up the Police Administration in general and union territory of Delhi in particular.

CONCLUSIONS

3.228.The detailed discussion of the events in the East District as given above in respect of each Police Station and individual Police Officers would clearly show that there was a total breakdown of law and order.The partisan attitude of the Police, particularly the senior Officers and their close connections with the local leaders and toughs, with whom they were hand in glove, has been clearly indicated.In fact, this is what has led to the large-scale massacres carried out with impunity.

3.229.It is rather surprising that in spite of such total failure on the part of the Police of the District not a single Police Personnel has been awarded any punishment by the department. Specific misconduct on the part of the Police Station functionaries has been listed in the reports of each Police Station.It has also been suggested that the Police personnel in October-November, 1984 riots at Police Station Kalyan puri, and Trilokpuri should not be allowed to stay in the East District.Action has also been recommended against the supervisingOfficers viz. Assistant Commissioners of Police.

3.230.There was also a total failure of intelligence and the Special Branch Staff deputed in this District also needs to be suitably dealt with.

3.231.It would, however, be necessary to make a mention once again of Deputy Commissioner of police, Shri Sewa Dass and SHO, Kalyanpuri Shri Shoorvir Singh Tyagi.As discussed in the reports above, they have been mainly responsible for the mass killings, Shoorvir Singh Tyagi in Kalyanpuri/Trilokpuri and Shri Sewa Dass in the whole District.Subsequently also continuous efforts have been made by them and on their behalf to ensure that people do not depose against them.

3.232.In view of the facts that considerable time has since elapsed, it is necessary in public interest to dispense with the services of such Officers without further delay.Their cases are considered fit for being dealt with in accordance with the provisions of Article 311 (2) (b) of the Constitution of India.

3.233.As far as the role of Additional Commissioner of Police, Shri H.C. Jatav is concerned; his role will be separately discussed.

ANNEXURE B

STAFF OF THE SPECIAL BRANCH OF POLICE DEPLOYED IN THE EAST DISTRICT DURING THE PERIOD OF NOV.1984 RIOTS

Inspector Dal Chand, D/469 (Incharge)

S.I. Chander Bhan, 1077/D (Kalyanpuri)

S.I. Prem Singh, D/887 (Shakarpur)

S.I. BalbirSingh, D/237 (Seelampur)

ASI Jai Pal Singh, 220/D (Farsh Bazar)

ASI Raj Karan, 225/D (Shahdara)

ASI Ishwar Singh, 360/D (Yamuna Vihar – Seemapuri)

ASI Suraj Mal, 578/SB (Krishna Nagar)

S.I. Dalel Singh, D/1976 (Gandhi Nagar)

SUBJECT: - I.E.AGAINST SHOORVIR SINGH NO. D-1E-1 ASI JUGTI RAM NO. 3002/DAI AND CONSTABLE MUNSHI RAM NO. 61/EAST

This is a preliminary Enquiry against the above mentioned persons orderd by the DCP/East vide his order No. 2584/98/HAP/East dated 30.11.1984.The allegation against them that on Nov. 1, 1984 in the wake Smt. Indira Gandhi ‘s as assassination mass scale riots had taken place all over including Trilokpuri in which many people lost their lives and houses were burnt.They were posted at P.S.Kalyanpuri and neither did they take immediate action to prosecute the violence nor informed the senior Officers, as a result of which large number of persons were killed and their houses burnt.A criminal case FIR lNo.425 dated 2.11.84 u/s 217 221 IPC and 60 D.P. Act was registered at P.S.Kalyanpuri against them.All the three defaulters were placed under suspension.In addition, the P.S. was ordered against them.

During the course of P.E. gist of the statements of the persons examined is given below.

Sardar Mohan Singh S/o Attar Singh R/o 32/59 Trilokpuri stated that on 1.11.84 at about 1.20 hours while he was present with Ram Singh, Wazir Singh and Gian Singh in his house when a mob of 100/200 persons armed with lathies, brick bats and knives attacked the Sikh residents of Trilokpuri.H.C. Rajbir Singh with three constables were, present of the spot.The mob set stepsjhuggis on fire and indulged in killing Sikhs.H.C. Rajbir Singh fired shots with rifle towards the Sikhs because he was mixed up with the mob. SHO/Kalyanpuri kept Shoorvir Singh Tyagi also arrived there in a jeep and took away those three police personnel in his jeep.His two younger brothers were killed in the riot.He went to Post Kalyanpuri; SHO was not present in the Police Station.The Duty Officer did not act on his request to send police to the scene of violence.He went to PHQ but could not contact officials and then went to Indian Express Office and informed the Journalists.

Sardar Bachan Singh S/o Sanghara Singh R/o 32/54 Trilokpuri stated that on 1.11.84 at about 10 AM he was present at the shop of his brother Gurmukh Singh.H.C. Rajbir Singh along with two constables armed with rifle came there.When he returned

House he saw a mob went on killing Sikhs and burning their houses.His brother Bhajan Singh, Sohan Singh, Inder Singh, Jagu Singh nephew Manohar Singh Gurmukh Singh, and Sister-in-law Lachhman Singh were killed in the riot.On the night of 2/3.11.84 when Military arrived he reached Gurdwara in Pandav Nagar.

Raj Bai W/o Phool Singh R/o 32/76, Trilokpuri stated that on 1.11.84 at about noon a mob indulged in arsoning, killing and looting Sikhs in the presence of police.After some time the police personnel had left the place.His three sons and daughter-in-law were killed.She with her elder son Karnail Singh & Sattu Singh took refuge in Yamuna Khadar.

Sardar Sardar Singh S/o Jiwan Singh R/o 32/--- Trilokpuri stated that 1.11.84 at about8 AM. He --------------- in Block No.32 Trilokpuri.H.C. Rajbir Singh and a constable armed with rifle came there.After some time mob came and indulged in arsoning and looting and killing Sikhs.In the mean time H.C. Rajbir Singh with constable also reached there.As he walked towards his house HC Rajbir Singh instigated the mob to indulge in burning houses and looting them.He had seen HC Rajbir Singh himself throwing himself stones towards the Sikhs houses.His sister –in-law -------- Singh was killed in the riot.On the night of 1.11.84, Ram Pal Singh and Bul Chand, President of 31 Block came with HC Rajbir Singh and told them to dispose off the dead bodies.

Sardar Puran Singh S/o Sardara Singh R/o 32/----Trilokpuri stated that he was a collie at Nizammudin Railway Station and on 1.11.84 at 10 AM he was present at his house.H.C. Rajbir Singh and two constables armed with rifles came there.A mob came there, but these police personnel did not try to disperse the mob.The mob indulged in arsoning, looting and killing Sikhs.The police personnel disappeared from there.On the night of 1.11.84 some body gave sword below on the road of Bhajan Singh his brother who died on the -------------- he went to the police station Kalyanpuri he--- not find any police officer in the police station.When he went near the chowk of Mayur Vihar he found many police personnel including HC Rajbir Singh who told that all the Sikhs of block no. 32 Trilokpuri had been killed.

Smt. Ram Pyari W/o Shri Ram Singh R/o Jhuggi in park of Block No. 34 Trilokpuri said that on the day of 1st November, 1984 she noticed a mob of ---- in Trilokpuri.Two policemen came there on motor cycle but did not disburse the mob.Immediately the mob indulged in arsoningthe killing Sikhs.

Shri Kartar Singh S/o S. baksar Singh R/o 32/168 Trilokpuri Kalyanpuri stated that on 1.11.84 at 9.30 AM he was present at the tea shop of Sardar Gurmukh Singh.Head Constable Rajbir Singh with three constables came there.Two constables were in -------------------- of rifles.HC

Rajbir Singh asked the Sikhs go to these houses.At about 11.30 AM a mob of unruly peoples from blockNo.33 and indulged in killing looting and---setting their houses on fire.HC Rajbir Singh and Constable Sukhbir was also present in that mob.TheHC stopped that mob near the chowk.Many Sikhs tried to forward to face the mob but HC Rajbir Singh opened fire with his rifle against the Sikhs.He also instigated the mob for violence.

Smt. Gurmeet Kaur W/o S. Avtar Singh R/o 32/34 Trilok Puri stated that on 1.11.84 she was present close to her house.At about 10 all three policemen arrived.She and others Sikhs standing there went to their houses.In the mean time a mob came and started looting, arsoning and killing Sikhs.She ran and hide her in a house.

I have examinedpersons during the P.E.After the November riots many Sikhs residents of Trilokpuri went to Punjab or to their relatives else where some settled in the residential housed of P.S. Farsh Bazar, but they were scarcely available in their houses.--------Their statements on record, the allegation of -------------- against the furious mob is direction against Inspr.Shoorvir Singh No. D-1/281, H.C. Rajbir Singh No.261/E and Constable Sukhbir Singh No.273/E. of P. S. Kalyanpuri, Inspector Shoorvir Singh , who visited the came on mob violence in Trilokpuroi did not take anystep to prevent killing, looting and arsoning by the mob.Not only that, beingSHO of the police station he was supposed to inform the senior officers about the gruesome situation, which had developed in his jurisdiction and was perpetuating.But he did not interest his superiors.As a result, large number of casualties of Sikhs and their houses burntmade the Delhi Police ‘s target of worst --------- of criticism by the public and the press.There is no adverse materialagainst ASI Jugti Ram No. 3002/DAP and Constable Munshi Ram No. ------------- on record.Therefore, they may be ---------------- with our prejudicial to the judicial verdictcase FIR No. 425 dated 2.11.84 u/s 217/221 IPC read with 60 D.P. Act, P.S. Kalyanpuri has now become sub-judicial.

DCP/East. ASST. COMMISSIONER OF POLICE,

SHAHDARA, DELHI.

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