1984 Delhi Sikh Genocide - Statements

Statement submitted before the Nanavati Commission

Witness No. 104

Name : Satbir Singh Rathi

Age :

Occupation : ACP (under suspension)

Address :

On SA

On 31.10.84 I was working as Inspector Anti-Auto Theft squad, East District, Delhi. Inspector Shoor Vir Singh Tyagi was the SHO in charge of Police Station Kalyanpuri. I was posted as SHO Kalyanpuri Police Station on the night between 2nd and 3rd November, 1984.

According to my information Tyagi was suspended as he had not taken proper action and steps for curbing the riots and had not informed his senior officers about the situation within the area of his Police Station and therefore I was posted in his place. A criminal case was also registered against Tyagi and two others under section 217 and 221 IPC. The file exhibit No.W92/26 contains the report made by Tyagi from page 1 to 10 and it also contains the report made by me from pages 11 to 38.

Cross Examination by H.S. Phoolka, Senior Advocate on behalf of November '84 Carnage Justice committee

About 300 deaths had taken place within the area of Kalyanpuri Police Station between 31.10.84 and 3.11.84. About 5 deaths had taken place on 3.11.84. 10 deaths were investigated under FIR No.427. All those deaths were reported to have taken place on 3.11.84. All those deaths had taken place in the Trilokpuri area. I do not remember if any other death had taken place in any other area falling within the Police Station.

The incidents of violence had continued till 3.11.84. As far as I remember no violent incident had taken place on 4.11.84. After being posted as SHO Police Station Kalyanpuri, I had straight away gone to Trilokpuri area as I was directed to go there and thereafter I went to Trilokpuri Police Station.

When I reached there I found that many houses were burnt, some dead bodies were lying, many police officers including senior officers were there. As far as I remember ACP R.D. Malhotra and DCP Sewa Das were present. I found bodies lying at various places some of them were on the roads, and some were in the houses and some of them in the parks. I had counted 95 bodies. When I had gone there, I had not noticed any mob but there were group of persons who were arrested by the police and were in the process of being taken to the Police Station.

A photographer from East District Lines was summoned and he had taken sufficient number of photographs. About 125 bodies were sent for post-mortem on 3.11.84 morning. All those dead bodies were taken in 3 trucks. The dead bodies were counted before they were sent for post-mortem. The dead bodies were un-identified and many of them were burnt bodies and their relatives who could have identified them were in the process of being rescued.

We had not found separate limbs. As far as I remember no body was completely burnt to ashes. I cannot say if some bodies were totally reduced to ashes as they could not have been noticed. I do not remember to have seen dead bodies with cut limbs lying scattered over the area even after 3.11.84.

I cannot say whether the IOs had collected the samples from burnt houses to find out what material or substance was used to set those houses on fire. I had posted police in the Trilokpuri area on 3.11.84. About 30 policemen were posted there. Some of them had fire arms and some had anti-riot equipments.

Some injured persons were sent to the hospitals. The surviving Sikhs were first taken to the Police Station Kalyanpuri and then they were sent to Farsh Bazar Police Station where a relief camp was set up by the police. Trilopuri is a big area and inspite of the presence of the police 10 deaths had taken place in the remote areas. Some Sikhs had remained in their houses where police pickets were posted.

The persons residing in the remote areas were persuaded to leave that area and go to the Police Station. I cannot say how those 10 persons who were killed on 3.11.84 had remained there. I cannot say if any picket was posted in Block No.13. I cannot say if some persons were killed in Block No.32 in Trilokpuri on 3.11.84.

Since the rioting was on a large scale and it was a continuing offence, no separate offences were registered on the basis of the complaints made by the victims or their relatives. As the rioting was a continuing thing no separate FIRs were registered even though the incidents reported had taken place at different times and at different places. I say that the FIRs were recorded locality wise.

I had not received any instructions from higher officers as to how the FIRs are to be registered. In fact, they were all registered before I had taken over as SHO of the Police Station. The FIR No. 426 though registered at 00.15 AM was registered on the basis of the ‘rukka' registered earlier and all the while after being posted as SHO Kalyanpuri, I was at Trilokpuri and I had returned to the Police Station in the afternoon of 3.11.84 therefore, I do not know the circumstances under which the FIR No.was registered.

The complaints which were received during the investigation of FIR No.426 after 3.11.84 were all investigated alongwith FIR No.426, that decision to tag the complaints along with FIR No.426 was a joint decision of IOs, SHO and the senior officers also. There is no record regarding the discussion.

My attention is drawn to the deposition of Inspector Madan Singh recorded in sessions case No.37/95 arising out of FIR No.426/84 wherein it is stated 'there were oral instructions of my senior officers that all the incidents of riots are to be clubbed and to be dealt under FIR No.426/84'. I say that he must have deposed like that as there was a discussion on that. The senior officers with whom we had discussed in this regard were concerned ACP and DCP.

I further say that the case was transferred to Vigilance Branch, Police Head Quarters in December 84 and therefore possibly what Madan Singh had deposed that he had discussed it with senior officers relates to Police Head Quarters and not in the District.

It is true that in the report made by the DCP it is mentioned that 152 deaths had taken place within the area of Kalyanpuri Police Station. Regarding the number of arrests whatever is stated in my report is correct. I had arrested some persons on 4.11.84 and 5.11.84 also. On 3.11.84, 9 persons were arrested on the spot and three persons were arrested during the investigation.

As per my report no body was arrested on 4.11.84. On 5.11.84, 21 persons were arrested for violation of curfew. My report does not contain information regarding arrests made u/s 188 IPC and other preventive arrests.

It is true that all the 25 persons who were arrested on 1.11.84 were Sikhs. FIR 424 was in respect of the offences u/s 147, 148, 149, 436 and 427 of IPC. After perusing the papers, I say that later on section 302 and section 307 IPC were also added and the accused were charge sheeted on that basis. It is true that in the FIRs registered on 1.11.84 and 2.11.84 no offence of murder is mentioned.

The two FIRs 426 and 427 also do not refer to the offences registered on 3.11.84. FIR No. 427 was registered for the offence punishable u/s 304 IPC. But no offence was registered on 4.11.84 regarding any incident of anti-sikh riots. Even on 5.11.84 no such offence was registered. The next FIR relating to rioting was registered on 10.11.84.

Block No.11 of Kalyanpuri is about 300 yards away from Police Station Kalyanpuri. The army had come in my area on 2.11.84. I do not know if they had resorted to firing at any place. As far as I remember no one was injured in the police firing. When I reached Trilokpuri on night of 2.11.84, the army was not there. I had not noticed the presence of army near that place till morning of 3.11.84.

Even though I had come to know that the army had come to my area, I was not aware at which location they were stationed. Very probably I had met the army people in the afternoon of 3.11.84. I do not know if the army had gone to Trilokpuri. I had come to know about the presence of army only in the morning of 3.11.84. During the night of 2.11.84 and 3.11.84, I was not informed by the DCP that in case of need I could take the help of the army.

I had not contacted the army on wireless as the frequency of army sets are different from the frequency of the police wireless sets. I could not have contacted the army if I wanted to contact the army, I would have required to do so through ACP and DCP. I had requested the ACP and DCP to take help of the army in the morning of 3.11.84. On 3.11.84 while I was patrolling the area between Police Station and Trilokpuri, I had met the army.

I had discussion with the army officers and I had told them about the sensitive spots in Trilokpuri and about the presence of the police pickets. From the discussion which I had with the army officers, I had come to know that they were aware of the killings in Trilokpuri. The army officer had not told me that after coming to know about the deaths in Trilokpuri they had made any efforts to reach Trilokpuri.

On 3.11.84 and 4.11.84 the army had patrolled the Trilokpuri area along with the police. What the army officers had told me was that they wanted to do patrolling in the sensitive areas. I do not know if they had posted any army personnel at any particular place or they had stationed any camp. I do not know if they had posted any picket in Trilokpuri.

I do not remember if while I was with the army any senior officer had met me. I do not remember for how long the army had remained in the area. I do not remember if any civilian was with the army. As far as I recollect everyone was in the uniform.

I do not remember the name of SDM of the area. I had not met the SDM of the area on 3.11.84 or 4.11.84. I do not remember if any information was sent to me regarding the movement of SDM in my area. I do not remember if any Special Magistrate had visited in my area. I do not remember whether any special Magistrate was appointed for my area.

I cannot say to which regiment the army personnel belonged to but they had a tank with them. The army personnel were in two or three trucks. I do not remember the name of the army officer. The persons who were arrested for violation of curfew on 5.11.84 were arrested by my subordinate police officer. As far as I remember the army personnel had not arrested any person and produced before us.

As far as I remember additional force was demanded by the SHO on 1.11.84 and 2.11.84 also. It is true that messages were sent to senior officers on 1.11.84 and 2.11.84 regarding the disturbances in Trilokpuri area. After perusing my report, I say that the first information with respect to the violence in Trilokpuri was flashed at about 2.35 PM on 1.11.84 by the then SHO Shoor Vir Tyagi. The additional force was sent to the Police Station on 2.11.84 in the evening.

[The witness volunteers and states that during the discussion which we had with the IOs, the senior officers who would remained would be ACP and not the DCP. ACP in turn would discuss with the DCP.]

It is not correct to say that I am now saying so on being told to say like that by someone present here.

Read over and found correct.

(Satbir Singh Rathi) (G.T. Nanavati)

21st November, 2001

Back to Statements list

Guide To Discover Sikhism |   Guide To Becoming A Pure Sikh|   Guide To Carrying Out Nitnem