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I, Trilok Singh S/o Late Sh. Amir Singh aged 37 yrs. R/o L-2/33, New Mahavir Enclave, New Delhi-18, do hereby solemnly affirm and declare as under:-
1. That I am a commerce graduate and am presently running my own business of spare parts.
2. That during Nov.'84, I used to live in the second floor of house no. 2176, Gali No. 1, Chuna Mandi, Pahar Ganj along with my father, my mother, my 2 brothers and my 2 sisters.
3. That at that time I was 21 years old my brothers were 12 and 11 years old and sisters were 19 and 18 years old.
4. That in the first floor of the said house my fathers elder brother (Tayaji) Sardar Fakir Singh used to live along with his family members comprising of himself, his wife, 5 sons, 1 daughter, 1 daughter in law her two minor daughters. One of their relatives named Mr. Narinder Singh was also staying with them during those days.
5. That at around 8 am on 1st Nov.'84, we heard a lot of noise coming from outside. The noise comprised of shrieks, cries etc. I along with my family members collected at the courtyard (the roof of part of 1st floor) and found those shrieks and cries coming from the side of Multani Dhanda which was visible form our courtyard.
6. That soon thereafter we saw a crowd coming to Raj Guru Road. We saw the mob breaking open the shutters of the two hardware shops of the Sikhs on the main road. They looted the shops. Thereafter they reached the shop of M/s. Sahni Paint House. Apprehending that we may be noticed by the mob, we went in side one of our rooms. That room had two windows, from the window opening towards the courtyard, I saw the mob breaking open the locks of the shutters of M/s. Sahni Paint House and of the adjoining paint shop of Harbans Singh.
The mob started looting those shops. While those shops were being looted, the owners of Sahni Paint House came there on two wheel scooter. They were four in number and were Sikhs. The eldest of those four Sikhs took out a revolver / pistol and ordered the mob to disperse. On that the mob dispersed. After a while the mob again collected there. I saw one policeman armed with a Stengun having stationed at the chowk of Desh Bandhu Gupta Road and Raj Guru Road. I could see from the window another policeman standing near the corner of Gali No. 1. Both policemen remained stationed at their respective places and did nothing to disperse the crowd.
The mob started throwing stones and paint boxes at the four owners of Sahni Paint House. The mob comprised of 50 – 60 persons. In self-defense and with a view to disperse the mob, the eldest Sikh fired six shots from his revolver / pistol in the air. However, it had no effect on the mob which kept on throwing stones and paint boxes at them. The four Sikhs sustained injuries and with a view to save themselves they downed the shutter of their shop and thus locked themselves inside the shop.
Soon thereafter one of the persons in the mob put a drum on a cart which probably contained thinner or spirit. He put the drum on fire and pushed the cart just in front of the shutter. The drum burst and the shop caught fire. We learnt later that all four owners of Sahni Paint House were burnt alive inside the shop. All this was watched by the said two policemen but they made no attempt to save the situation. They rather kept watching. We got so scared that afterwards we left our house and took shelter in the house of a Hindu neighbour.
7. That we remained at our neighbour's house till the morning of 3rd of Nov.'84. In the morning of 3rd Nov. our neighbours told us that they were receiving threats on phone that they were sheltering the Sikhs and that on that account their house will also be set on fire. The neighbour requested us to go back to our house. On this we came back to our house. We found that my uncle and his family was still there in the first floor. We were not on talking terms with them and there were criminal cases pending between my uncles and my family.
8. That on 3rd Nov.'84, morning after we came back to our house my uncle called the military. The military and police came there and evacuated my uncle's family and we also went with them to the P.S. Pahar Ganj in the military jeep. In the P.S. there were large number of Sikhs, who were staying there. We stayed in the P.S. till 5th Nov. In the morning of 5th Nov. we were told by the police all that all was peaceful and we should go back to our house. We as well as my uncle's family came back to our respective houses.
9. That on the ground floor of our building we had two shops, but neither we nor my uncle had yet started any work in the shops mohalla / colony knew that the shops were empty.
10. That on 5th Nov. at about 6:30 pm we found unknown people collecting near our house. We got scared. My uncle had a telephone at his residence. He telephonically informed police station Pahar Ganj. Mr. Dev Raj 2nd SHO came along with some constables. He told my uncle and my father that he had posted seven constables and home guards outside our house and nothing was going to happen.
11. That at about 7 P.M on 5-11-84 my father asked me to serve tea to the policemen. After sometime I went down with tea but found no policeman there. I came back and told my father. By this time it was pitch dark. My father told us that he will go out and look for the policemen or otherwise he will go to the police station to call the police. Thereafter my father went out of the building. Immediately we heard some shouts of the mob to the effect that the Sikh be killed. We later came to know on 15th Nov. when we came out from the jail that my father was killed by the mob.
12. That after sometime the mob started throwing stones at our house and broke windowpanes. My uncles had a licensed firearm in his house. My uncle opened fire in the air to scare away the mob. We also had a licensed gun but I did not know how to fire and I was the eldest in the family. We did not use our gun at all which remained locked in the almirah.
13. That when my uncle opened fire, the mob retreated. After a short while the military arrived there. Seeing the military, my uncle stopped firing and did not fire after that.
14. That however we heard firing from outside which was probably by the military. The firing continued for sometime. It appeared there was cross firing between the military and the police. After the firing stopped, the military and the police took all of us and made us sit on the road.. We saw one of them firing at Mr. Narinder Singh my uncle's relative. He started profusely bleeding. All of us had raised our hands up in the air. The policeman started beating him with lathis and asked him also to raise his hands.
After sometime we were made to sit in a truck and we were taken around for more than one and a half hour. We were taken to the Darya Ganj P.S. in the late night. By that time the injured Narinder Singh had bled profusely. We all requested that he be taken to the hospital. I learnt from my uncle that the mob chased my father and that my father ran on the TCI building to save himself. Whole of my father's family and whole of my uncle's family including grand children of my uncle remained in the lock up throughout the night.
My uncle's young daughter's, daughter in law along with her two daughters one aged 1 ½ yrs. old and other aged 4 months and my two sisters aged 19 and 18 and my mother, my uncle's wife, they all were in the lock up throughout the night. We were not even provided milk for the children who were crying with hunger. We all were not given food for two days. Next day at about 8 pm we were taken to jail. In jail also we did not get any food on that day. Next morning ie. 7th Nov. we were given food in the jail.
15. That we all remained in the jail till 14th Nov.'84.
16. That when we came out of the jail we were told that my father was killed by the mob. My father's body was cremated by one of my uncle. They had also taken photographs of his body before cremating it.
17. That Narinder Singh remained in the hospital till 23rd Nov.'84 and succumbed to his injuries on 23rd Nov.'84 in the hospital.
18. That the police registered a false case against us that we were firing at the police and military and that my father and Narinder Singh were killed in an encounter with the military.
19. That my father was killed by the mob. The photographs of my father clearly showed that he had injuries on his head and all over the body. There is no bullet mark on the body. My uncle who had cremated my father also told us that there was no bullet mark on my father's body.
20. That the police had also a false story in the newspaper that the police had arrested the terrorist who was firing on the military and police.
21. That it is pertinent to note that while granting us bail the Ld. Additional Session Judge A.B.Andley vide order dated 12-11-84 stated that:
"Heard. The allegations in the case are that a mob attacked the house of the applicants in which firing took place from the side of the applicants / add. as a result of that firing 2 persons Mangal and Krishan Bahadur died. From the side of the add. one Amir Singh also died at the spot while add. Narender Singh is lying in the hospital in the critical condition with multiple injuries. The prosecution upto this stage has not been able to explain how Amir Singh could die and Narender Singh could sustain so much injuries if the house of the add. was not attacked by a mob.
Thus prima-facie add. persons apprehend danger to their lives or at least danger of grievous injury to them. In these resorting to firing though not knowing as to who might be so killed. In view of these circumstances, I direct that the accd persons be released on bail on their entering upon the bonds in the sum of Rs.7,000/- with one surety each in the like amount to the satisfaction of the Ld. MM concerned. They shall appear before the SHO of P.S. concerned for further investigation as and when called for."
25. That it may be mentioned that Mangal was in the mob who died in the cross firing by the military and the police from all sides around our house. Kishan Bahadur was an army man and he was also killed by the bullets of the military and police from the other side of our house.
26. That even after the Court held that the accused had fired in self defense as stated in para. 21 above, the Government gave the President Awards to two police officers for arresting the terrorists.
27. That it is noteworthy that the police and the military killed Narender Singh on the road while he was in their custody and also meted out such brutal treatment to us including family members and implicated us in the false case. But still the Police Officers, instead of being punished, were given awards.
28. That two policemen were given President's award by the Government whose names are mentioned below:-
i. Mr. Amod Kanth, who was at that time Addl. Dy. Commissioner of Police and thereafter had been promoted to Joint Commissioner of Police.
ii. Mr. S.S. Menon, who was at that time SHO Pahar Ganj Police Station and thereafter had been promoted as ACP.
29. That according to the police two persons i.e. Mangal and Krishan Bahadur were killed by us. However, later report of the Central Forensic & Scientific Laboratory came and as per the finding of the CFSL Mangal as well as Krishan Bahadur were not killed by our bullets. On that account the prosecution filed applications to withdraw the cases against us and vide order dated 8-12-88 the Ld. Additional Sessions Judge S.P. Singh Choudhury held that in view of the report of the CFSL that the bullets recovered from the body of the deceased Mangal and Krishan Bahadur were not fired from the arms recovered from the accused, permission to withdraw the cases was given. (Copy of the order dated 8-12-88 is enclosed herewith)
30. That though the report of the CFSL was received on 30-04-85 but inspite of this, the Government continued to pursue the case against us for three years.
31. That inspite of CFSL report which was received in April, 1985 no action whatsoever was taken against the guilty police officials, rather they were given awards.
32. That my younger brother who was 11 years at that time underwent such a great shock during this accident that he has become almost insane and till today he gets up at night and starts shouting "Bachao Bachao".
33. That it appears from the above submissions that Amod Kanth and S.S. Menon were awarded for killing innocent persons and for also allowing one person to be killed by the mob and also implicating our entire family in a false criminal case.
34. That the abovesaid police officials namely Mr. Amod Kanth and Mr. S.S.Menon are guilty of murdering Narinder Singh and implicating us in fake criminal cases and treating us in most inhuman and brutal manner.
35. That for the criminal acts of the abovesaid police officer namely Mr. Amod Kanth and Mr. S.S. Menon, the President Medals awarded to them is not desirable and these person deserve to be stripped of these Medals.
36. That for the inhuman harassment, torture and agony our entire family is entitled for compensation.
37. That I had filed an affidavit before the Hon'ble Commission wherein I stated on oath the contents stated in para. 1 to para. 36 state above along with verification of the same. My said affidavit was duly attested by B.S. Randhawa, Advocate Notary Public Delhi (India), on 30th September, 2000.
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