1984 Anti-Sikh Riots)

JUSTICE NANAVATI COMMISSION OF INQUIRY (1984 ANTI-SIKH RIOTS) REPORT VOLUME – I I N D E X S.No. CONTENTS PAGE NOs. 1. PART-I INTRODUCTION 1 – 9 2. PART-II PROCEEDINGS 10 – 15 3. PART-III EVIDENCE A. GENERAL 16 – 18 B. NEW DELHI DISTRICT 18 – 27 C. CENTRAL DISTRICT 27 – 43 D. NORTH DISTRICT 43 – 58 E. SOUTH DISTRICT 58 – 77 F. EAST DISTRICT 77 – 100 G. WEST DISTRICT 100 – 123 H. OTHER EVIDENCE 123 - 138 4. PART-IV ASSESSMENT OF EVIDENCE AND RECOMMENDATIONS FOR ACTION A. GENERAL 139 B. NEW DELHI DISTRICT 139 – 144 C. CENTRAL DISTRICT 144 – 151 D. NORTH DISTRICT 151 – 157 E. SOUTH DISTRICT 157 – 164 F. EAST DISTRICT 164 – 167 G. WEST DISTRICT 168 – 169 H. HIGHER UPS 169 – 178 I. OVERALL CONSIDERATION 179 - 184 - - - PART - I INTRODUCTION The assassination of Prime Minister Smt. Indira Gandhi on 31-10-1984, by her two Sikh security guards, led to violent attacks on Sikhs and their properties in Delhi and other parts of the country. The incidents of violence in Delhi started from the evening of 31-10-84. During the following two days fierce violence was let loose on the Sikhs and their properties. Hundreds of Sikhs were killed. Several others were injured. Their properties were looted and burnt on a very large scale. Though the incidents of violence continued till 5-11-84 the situation started improving from 3-11-84. As a result of these riots, hundreds of Sikhs had to leave their homes and take refuge in relief camps or in other safer places. Many Sikh families lost their male members and thus suffered great emotional and heavy financial loss. Bokaro Tehsil, Chas Tehsil and Kanpur were also badly affected. The Home Minister made a statement on the floor of the Rajya Sabha that the number of Sikhs killed in Delhi during November 1984 riots was 2146; 586 persons were said to have been killed in other parts of the country during that period. These anti-Sikh riots not only hurt the feelings of Sikhs but also shocked the conscience of all right-minded persons throughout the country. Considering the manner in which the violent attacks were made, it was felt that probably the attacks on Sikhs were organized by the Congressmen or their supporters or by some other organizations or associations. It was also felt that the Delhi Police was not only negligent in protecting the Sikhs and their properties but probably connived at or instigated such attacks. Considering the feelings of the Sikh community and criticism of the bodies concerned with protection of human rights and civil liberties, the Government of India appointed a Commission headed by Mr. Justice Ranganath Mishra, the then Hon’ble Chief Justice of India, under Section 3 of the Commissions of Inquiry Act, 1952 “ to inquire into the allegations in regard to the incidents of organized violence which took place in Delhi and also the disturbances which took place in the Bokaro Tehsil, Chas Tehsil and at Kanpur and to recommend measures which may be adopted for prevention of recurrence of such incidents.” Justice Ranganath Mishra Commission of Inquiry (hereafter referred to as Justice Mishra Commission) held an inquiry and found that the incidents which took place on 31-10-84 were by way of involuntary reaction of a deep sense of grief, anguish and hatred for the assassins. That spontaneous reaction of the people soon transformed itself into riotous activity with participation and monitoring thereof by anti-socials due to passivity of the Delhi police. The Commission also found that the police was either indifferent or negligent in performance of its duties while those incidents were taking place and at times it also connived at or participated in them. There was failure on the part of higher police officers to make a proper assessment of what was brewing in the city. The Commission ruled out participation by the Congress(I) Party or its leaders therein; but, came to the conclusion that some persons belonging to the Congress Party on their own did indulge or participate in the riots for considerations entirely their own. It also found that there was delay on the part of Delhi Administration i.e. the Lt.Governor and the Commissioner of Police in calling the Army, though about 5,000 Army men were available by mid night of October 31. Regarding the incidents, which happened at Kanpur and other places, the Commission found that the police at those places did not perform their role properly and their negligence and connivance was responsible for the loss of life and properties there. The Commission did not try to find out how many Sikhs were killed in Delhi and other places, which police officers and other persons were responsible for the loss of life and properties and against whom actions should be taken, as that would have necessitated a very detailed inquiry which it was not in a position to hold for the reasons stated in its report. It, therefore, recommended an inquiry by a high authority to inquire into the conduct of the police and to find out against which police officers action deserved to be taken. It also recommended appointment of a high officer to determine the number of Sikhs killed during those riots. It also made certain recommendations as regards payment of compensation to the victims, their rehabilitation, re-organization of the police, forming of combines of local residents and educating people. The Commission submitted its report to the Government of India in August 1986. 2 Pursuant to the recommendations made by that Commission, the Government on 23-02-87, appointed three Committees. A Committee consisting of Mr. Justice Dilip Kapoor, a retired Chief Justice of the Delhi High Court and Ms. Kusum Lata Mittal, a retired Secretary to the Government of India, was appointed to inquire into the conduct of Delhi Police. Another Committee consisting of Mr. Justice M.L.Jain, a retired Judge of the Delhi High Court and Shri E.N.Renision, a retired I.P.S. officer (later on replaced by Shri A.K.Banerji, a retired I.P.S. officer) was constituted to examine cases relating to riots in Delhi. Shri R.K.Ahuja, a Secretary in the Ministry of Home Affairs, was directed to conduct an inquiry to find out the total number of Sikhs killed in Delhi during the riots, between 31-10-84 and 7-11-84, and to make appropriate recommendations regarding ex-gratia payments and other reliefs to their family members. Shri Ahuja after holding a detailed inquiry determined the total number of deaths at 2733. It made certain recommendations regarding reliefs to be given to the relatives of the victims and the procedure to be adopted for distributing those reliefs. It submitted its report to the Government on 1-6-1988. The Committee consisting of Mr.Justice K.Kapoor and Ms. Kusum Lata Mittal could not function amicably as there was difference of opinion amongst them with regard to the modalities to be adopted for conducting the inquiry. Ms. Kusum Lata Mittal was of the view that the Committee should examine only the available records and submit its report on the basis thereof. On the other hand Mr. Justice Kapoor was of the view that the Committee should collect other material, which was not on the record and submit its report after considering all the relevant material. Both the members submitted their reports separately. Ms. Kusum Lata Mittal submitted her report on 28-2-1990 and a key to the same on 1-3-1990. Mr.Justice Kapoor submitted his report on 1-3-1990 and his supplementary survey on 2-4-90. After examining the two reports, the Ministry of Home Affairs found that the report submitted by Mr. Justice Kapoor was a sort of sociological analysis of riots and that it dealt in generalities only and did not identify the delinquencies on the part of 3 individual police officials. The Government, therefore, decided to accept the report submitted by Ms. Kusum Lata Mittal and take action against the police officials on the basis thereof . 72 police officers were indicted for their lapses in controlling the riots. Ministry of Home Affairs was the disciplinary authority in respect of 6 of them. The Chief Secretary or the Lt. Governor was the disciplinary authority in respect of 14 and the Commissioner of Police for the remaining 52 officers. Out of those 72 officers, 13 had retired and 3 had expired before action could be initiated against them. 12 officers were exonerated. Departmental inquiry was quashed by the Central Administration Tribunal in one case. Pension was reduced in one case and three cases remained pending. As regards the remaining 39 non-gazetted police officers, inquiries were held against 35 officers. Out of them 32 were exonerated, 2 were censured and 1 was warned. Inquiries against 4 officials remained pending. Shri E. N. Renision resigned as a member of Jain-Renision Committee. He was replaced by Shri A. K. Banerji . Jain Banerji Committee could not make any progress because of an interim injunction granted by the Delhi High Court. Later on the notification appointing that Committee was quashed by the High Court as it was found that vesting of powers in the Committee was contrary to the provisions of the Delhi Police Act and the Code of Criminal Procedure. Therefore, the Delhi Administration appointed another Committee on 23-3-1990 consisting of Shri P.Subramanian Poti, retired Chief Justice of Gujarat High Court as its Chairman and Shri P. A.Rosha, retired officer of the Indian Police Service as a member with the following terms of reference: a) To examine whether there were cases of omission to register or properly investigate offences committed in Delhi during the period of riots from 31st October, 1984 to 7th November 1984; b) To recommend to the Administrator, where necessary, the registration of Cases and their investigation.

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