1984 Delhi Sikh Genocide - Statements

Statement submitted before the Nanavati Commission

Witness No. 66

Name : Mahinder Singh

Age :

Occupation : SHO, Mandir Marg

Address :

On SA

I am at present working as SHO, Police Station, Mandir Marg. Today I had brought the original FIR registered for the period 23.9.84 to 29.11.84. Between 31.10.84 and 4.11.84 in all four FIR were registered. The FIR numbers are 438, 449, 440, and 441 were registered. Only FIR that is FIR No.441 was with respect to Anti-Sikh Riots.

I am shown copy of FIR 441 (Exhibit No.W65/1) and I say that it is the correct copy of the original. Inspector Vijay Pal Singh was SHO Mandir Marg at that time. The FIR was in respect of the attack on the liquor shop on Bhagat Singh Marg. As per the original FIR registered, 13 persons were shown as accused and they were arrested.

On 10.12.84 Inspector Kul Pal Rai was the SHO of Mandir Marg Police Station. After looking at the charge sheet copy of which is at Exhibit No.W65/2, I say that it was forwarded by SHO Kul Pal Rai. I look at the file No.XXV/77/85 and say that the first page of the file contains information regarding cases registered at Police Station Mandir Marg between the period 31.10.84 to 4.11.84 and the details of the persons arrested.

The file containing all the details is Exhibit No.W66/1. Though the paper is signed by Kul Pal Rai that page also contains other relevant information. I refer to the Duty Chart Page No.105 of Exhibit No.W66/1 the letter in which the details were sent was signed by Inspector Kul Pal Rai.

I identify the signature on those pages which were sent along with that letter are also signed by Kul Pal Rai. Page No. 122 to 204 of Exhibit No.W66/1 which are the photocopies of Daily Diary registered also bears the signature of Kul Pal Rai. The daily diary is maintained at the police station as required in normal course. Similarly Wireless Log Book is also required to be maintained in normal course. The Wireless log book is of the Mandir Marg Police Station.

Cross examination by H.S. Phoolka, Sr. Advocate on behalf of Delhi Sikh Management Committee/Nov'84 Carnage Justice Committee

I had been posted as SHO Mandir Marg Police Station from 31st August, 2001

. I joined Police Department on 13th June, 1979. I had joined as Sub-Inspector of Police. I was the Investigating Officer in numerous cases. Before my posting at Mandir Marg Police Station I was SHO, Gandhi Nagar Police Station. Vijay Pal Singh who was the SHO of Police Station Mandir Marg at the relevant time is now working as SHO Lajpat Nagar.

I do not know if Kul Pal Rai is still in police service. I had not worked with Kul Pal Rai. I had not seen him signing any papers. I have seen his signatures for the first time today. I do not know when Kul Pal Rai had joined as SHO Mandir Marg Police Station. When the SHO joins the police station an entry is made to that effect in the DD Register. Up to 4.11.84 Vijay Pal Singh was the SHO.

The DD register produced here is only upto 4.11.84 and it does not show that Kul Pal Rai has joined as SHO at Mandir Marg Police Station. FIR 441 was registered on 2nd November, 84 at 3.20 pm. As shown in the FIR register the incident had taken place during the night between 1st and 2nd November, 84. The FIR was in respect of breaking of lock of only one shop.

Originally the FIR was in respect of breaking of lock of one shop but it was registered u/s 457 and 380 IPC later on during the investigation other facts came to light and section 147, 148, 149, 427, 436, 452 and 411 I.P.C. were added. I cannot say on which date additional sections were mentioned. The other offence is added on 7.11.84.

No names of the accused were disclosed when the FIR was registered. The names o accused came to light through the statements recorded by the police u/s 161 CrPC during the investigation. The case diary shows that about 35 statements of shopkeepers were recorded. In respect of shop no.152 (Nirula Furniture, Panchkuiyan Road) a complaint was also received from Satender Singh and a statement was recorded under section 161 CrPC.

In respect of the same shop a complaint was received from Kuldeep Singh. On the basis of the complaint of Kuldeep Singh which is on the record (File Exhibit No.W66/1) I say that the shop No.152 was looted on 1.11.84. This compliant was received in the Mandir Marg Police Station on 7.11.84. FIR 441/84 was lodged by N.Banjeree, Manager (Marketing), Delhi Tourism, 18A, DDA office, Defence Colony, New Delhi.

It was in respect of liquor shop run by Delhi Tourism. No other offence was registered. The file also shows one Kanwaljeet Singh had complained to the police on 7.11.84 that his shop bearing no.5, Beird Lane, Bangla Sahib Road was looted between 31.10.84 and 5.11.84. As the file shows the chargesheet that was filed on the basis of FIR No.441/84 was in respect of one shop only initially.

During the course of investigation I say that the offence of shop no.5 of Kanwaljeet Singh was also investigated by the police. I cannot say whether 18 complaints were received in respect of looting of shops on 1.11.84. The paper shows that the first complaint was received in respect of looting of shop on 2.11.84 and the rest of the complaints were received after 6.11.84.

Lady Harding Hospital falls within the jurisdiction of Mandir Marg Police Station. A message was received from the District Control Room on 31st October, 1984 night that one Swaran Singh, foreman was injured near Lady Harding Hospital Gate. That information was received at the police station and thereafter, SI Chander Kumar was directed to go to that place and find out what had happened.

After making enquiry he reported that he met one Satish Kumar, S/o Chattar Singh driver of Tempo No.DHG-4804 who had informed him that while he was driving tempo and while he was going to drop Swaran Singh his tempo was attacked by 20 to 30 boys, out of them one pelted a stone on the tempo as a result of which glass of the tempo was broken and no body was injured. Taking advantage of the situation Swaran Singh escaped from the place. After making the enquiry at his place of residence and in the locality it was found that he was not traceable.

[Cross examination deferred]

Read over and found correct.

(Mahinder Singh) (G.T. Nanavati)

5th September, 2001

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On SA

[Cross examination continued]

The witness clarifies that Vijay Pal Singh who was the SHO Police Station Mandir Marg Police Station is not the SHO of Police Station Lajpat Nagar Police Station now. He is a different Vijay Pal Singh. After perusing the record I can say that Kul Pal Rai has taken over as SHO on 7.12.84.. Vijay Pal Singh, SHO of Police Station Lajpat Nagar was SHO of Police Station Mandir Marg from 1.7.87 to 14.7.1988.

I cannot say whether Vijay Pal Singh who was SHO Police Station Mandir Marg in 1984 is still in service. In November 1984 I was working as Sub-Inspector in Poilce Station, Sadar Bazar. Police Station, Sadar Bazar falls within the North Delhi District. I also clarify that I had also seen the signature of Kul Pal Rai as appearing on history sheets maintained at the Police Station and on that basis I say that the signatures in File No. XXV/77/85 are of Kul Pal Rai.

[Mr Phoolka objects to the recording of this answer]

While investigating the case of theft or robbery or looting an attempt is made to obtain the finger prints if they are available. It is not obligatory to take photographs in a case of looting. Ordinarily Photographs are also taken in case of arson.

Question:

Whether any information was received by the police regarding the looting and burning of 23 shops before the complaint was received by the police from the respective owners of the shop.

[Question disallowed as the witness was not Officer in-charge at that time.]

Question:

Can you check from the records and say that if the police had received any information of looting and burning of these 23 Shops and Taxis regarding which these complaints were made by the owners?.

Answer:

I cannot answer this question right now. I can reply it only after going through the record.

On the basis of the file exhibit No.66/1 (XXV/77/85) I say that it does not contain details regarding pickets but it contains details regarding deployment of officers and personnel on 1st, 2nd and 3rd November 84. Those details are on pages from 107 to 109 and 113 to 119.

SI, Ishwar Singh, ASI Pooran Singh, HC Satyanarayana and two Constable were on patrolling duty on Panchkuiya Road on 1.11.84 from 7.00 am. I cannot say from these statements when their duty was changed. I am not able to find any other entry showing posting of other police officers for patrolling duty on Panchkuiya Road on that day. Entry on page 115 further shows the duty hours of patrolling on 2.11.1984 from 7.00 am to 11.00 pm.

Page No. 115 contains the details regarding deployment of police force at Gole Market which is part of Bhagat Singh Marg. The persons who were posted for duty in Gole Market were to cover the Bhagat Singh Marg also. There was no specific duty assigned for anyone for Bangla Sahib Road but only motor cycle patrol was there.

It is true that an entry is made in the Wireless Log Book to the effect that there was a fire in the Punjab and Sind Bank near Gole Market and one taxi DLT 4048 at page no.152. It is true that the said page also contains one more entry showing that the fire was spreading. There is also one more entry on the backside of the page no.152 regarding the same fire.

Question:

What action was taken with respect to this information

Answer:

I cannot answer this question without closely examining the whole record.

One message from Joint Secretary Chander Mohan was received and that entry is at page no.153 of the wireless log book.

Question:

What action was taken with regard to this information

Answer:

I cannot answer this question without closely examining the whole record.

There is also an entry on the back side of page No.153 to the effect that a mob of 5000 to 6000 persons had collected at Panchkuiya Road and the force should be sent there.

Question:

What action was taken on the basis of this entry?

Answer:

I cannot answer this question without going through the record.

Further entries on page no.153 of log book disclose that force was sent as required. I cannot say what report was given by the force after its return without going through the record.

Without checking the record I cannot say whether any person was arrested for rioting or other offences from 31.10.84 to 6.11.84. But on the basis of the record I say that 24 persons were arrested by way of preventive measures on 2.11.1984. I cannot say without going through the record as to at which place they were taken into custody.

I cannot say without examining the record when these 24 persons were released by the police. I cannot say without examining the record whether any of the complainants of those 23 complaints had given the name of any person as accused. To my knowledge no such instructions were issued by the police that those who had looted articles from the shops and houses of the Sikhs should leave them on road and no action would be taken against them.

It is not possible for me to say whether any effort was made to find out as to who had left the looted property on the roads and other public places.

The record shows that stolen property was recovered from Babu Singh, Harbans Lal, Ratan, Om Prakash, Madan Singh and Ram Swarup and all those persons were arrested for the offence under section 411 of IPC. Without checking the file I cannot say from which place they were arrested.

I cannot say what preventive steps were taken by the concerned SHO. I say that whatever steps were taken are mentioned at page 6 and 7 of the file. The file does not contain any details as to whether any person with bad character was arrested on 31.10.1984 or not.

On the basis of the record I say that no firing was resorted to by the police on 31.10.84 to 4.11.84. Similarly there was nothing to show that tear gas shells were fired by the police. The record also does not show whether the police had resorted to lathi charge during those days.

[Cross examination deferred]

Read over and found correct.

(Mahinder Singh) (G.T. Nanavati)

6th September, 2001

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On SA

Further Cross examination continued

I have not come across any record showing that any information was received by the police with respect to looting and burning of 23 shops and taxis before complaints were received from the owners thereof. I am not able to find any record on the basis of which I can say what action was taken with respect to the entries made on page 152 of the wireless log book.

It is incorrect to say that I am intentionally withholding the information with respect to these entries. Ordinarily it is recorded in the Daily Diary that what action has been taken in respect of the entry made in the wireless log book. I do not have any photocopy of the Daily Dairy Register of 1.11.84.

I do not know where the original Daily Dairy Register of 1.11.84 is. The one which is before the Commission is photocopy of original Daily Dairy Register of 1.11.84. DD No. 32-B recorded at 2.25 pm on 1.11.84 shows what action was taken with respect to the wireless log book entry on page no.152. There is no entry in the DD regarding what further action was taken by SI Hari Chand on 1.11.84.

The information regarding fire at Punjab and Sind Bank was received at about 2.05 pm. I cannot say whether separate FIR was registered in respect of fire in the Punjab and Sind Bank. I also cannot say without looking at judicial file if that incident was made part of FIR No.441. No FIR was entered in the FIR Register on 1.11.84. Only one FIR was registered on 2.11.84 at the Mandir Marg Police Station. In the FIR register there is no FIR with respect to the incident of fire in Punjab and Sind Bank.

A complaint was received on 9.11.84 with respect to Bhai Vir Singh Sahitya Sadan situated in the same building in which the Punjab & Sind Bank is situated. The complaint was to the effect that the rioters mob had set the same premises on fire on 1.11.84. This incident was made the part of FIR 441 and statement of witnesses were also recorded.

A complaint was also received from Avatar Singh that his taxi DLT – 4047 was set on fire by a mob on 1.11.84 near Gole Market. This incident was also included in the FIR No. 441 and Avtar Singh was also cited as a witness. As per records no separate FIR was registered in respect of the taxi incident. I am not able to find out any separate FIR with respect to the burning of taxi and the truck.

I cannot say what action was taken with respect to the mob of 5000 to 6000 persons which had collected at Punckuiyan Road. The only entry that I find regarding action taken is that duty officer had dispatched the force. The complaints were received by the police on 7.11.84 with respect to the burning and looting of shops on 1.11.84. A complaint regarding looting of shop no.152 was received on 7.11.84 and the shop was looted on 1.11.84.

A complaint regarding the looting of shop no.130 was received on 10.11.84. The complaints regarding the looting of shop nos.176, 145-A, 175, 331 (NDMC) and 173 were received on 9.11.84, all alleged to have been looted on 1.11.84. A complaint in respect of looting of shop no.114 was received on 10.11.84. All these complaints were included in FIR 441 and investigation was also made in respect of those shops.

In the area within the jurisdiction Mandir Marg Police Station large number of buildings are government residential quarters. Private Residential quarters were very much less but there are some jhuggi clusters. Only Panchkuiyan Road and Gole Market area is the commercial area. I cannot say if there was any record kept in 1984 showing how many shops were owned within the area by the Sikhs.

I cannot say if all the shops of Sikhs within the jurisdiction of Mandir Marg Police Station were looted during the 1984 Anti-Sikh Riots. I do not know if Bhai Vir Sahitya Sadan is a very famous institution of Sikhs. I have not been able to find any record disclosing the places within the jurisdiction of Mandir Marg Police Station from where those persons were taken into preventive custody.

I had not been able to find out from the record when they were released by the court. I am not able to find any record on the basis of which I can say whether any person was taken into custody as preventive measure on 31.10.84 and 1.11.84. I had not been able to find out any record from the police station on the basis which I can say from which place within the jurisdiction of Mandir Marg Police Station those accused in the FIR 441 were arrested.

I also cannot say when they were released. I also cannot say whether the witnesses or the victims of the incidents gave the names of the accused. If at all any witness or victim has named any accused then that statement can be found u/s 161 CrPC. Some of the witness or victims had given the names of some of the accused.

An entry is made in the DD register regarding the preventive arrests. It is wrong to say that no effective steps were made by the police to prevent attack on the Sikh properties. I cannot say if in the presence of the police properties of the Sikhs were looted or burnt. I cannot say if the police knew about the burning or looting of the shops and yet they did not record the FIR in respect of those incidents before complaints were received in writing.

I cannot say whether all these incidents which were included in FIR 441 were properly investigated or not. I cannot say that there was sufficient police force and yet the mobs were not prevented from indulging in rioting activities. It is incorrect to say that the instructions were received from the Government or Higher Officers that no attempts were to be made to save Sikhs lives or their properties.

It is incorrect to say that Government had given instructions that no action should to be taken against mobs for three days. It is incorrect to say that no action was taken against mobs till 3.11.84 in view of such instructions.

No Cross examination by K.K. Sud, ASG on behalf of Central Government

Read over and found correct.

(Mahinder Singh) (G.T. Nanavati)

10th September, 2001

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