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Scot-free: The killers in uniform

Tehelka - The People's Paper
August 27, 2005

http://www.tehelka.com/story_main13.asp?filename=ts082705scot_free_the.asp #

Senior police officers, who were held responsible for inciting anti-Sikh
violence in 1984, were not merely exonerated; they were rewarded with
promotions and gallantry awards. And now, the Nanavati Commission has given
them a clean chit. Ajmer Singh reports

They were held responsible for the bloody carnage of 1984 ­ for directly or
indirectly inciting the killings of Sikhs. Yet, these men in uniform,
protectors who turned perpetrators of crime, were rewarded with promotions
and police medals. Some others, who played with evidence and were to be
dismissed from service for being ?a slur on the police force?, were
exonerated and have since retired gracefully.

Tehelka dug up details on police officers who were to be dismissed from
service, but were instead granted promotions. The Government of India (GOI)
appointed the Kusum Lata Mittal Committee in 1987, comprising Justice Dilip
Kapoor and Kusum Lata Mittal, to inquire into the conduct of the Delhi
Police during the 1984 riots. The report, submitted separately by Mittal in
1990, indicted 72 officers. Yet, no action was taken against these officers.

The Justice Jain-Agarwal Committee, also appointed to inquire into the
riots, scrutinised over 400 firs and found improper investigations were
carried out by the police. However, most cases ended in acquittals.

Ved Marwah, the first police officer to inquire into police lapses, was
asked to stop his investigations midway. In his affidavit to the Nanavati
Commission, Marwah disclosed that he was asked to discontinue his probe
even before he could examine senior police officers. Ranjit Singh Narula,
retired Chief Justice of Punjab & Haryana High Court, and a witness before
the commission, in his affidavit disclosed that handwritten notes prepared
by Marwah were destroyed following instructions from higher authorities.

But Justice GT Nanavati, in his report, ignored all these observations and
let-off the guilty. No action was recommended against the guilty officers
even though there was credible evidence. The only exception was the then
Police Commissioner, SC Tandon, and a Sub-Inspector (SI), Hoshiar Singh,
who were held responsible for failing to maintain the law and order and for
dereliction of duty respectively. However, no action can be initiated
against them, as both of them have now retired.

The Mittal Committee exposed the police brutality and their connivance with
criminals. Over 1,200 Sikhs were killed in the east district of Delhi.
According to the committee, a DCP concealed a number of bodies and directed
his subordinates to register only a few cases. Yet, no action was taken
against the officers.

In all, 147 officers were indicted. The Justice Jain-Agarwal Committee also
indicted many police officers. However, no action was taken against most of
them (42 had either retired or were dead). As for the remaining 105
officers, the Ministry of Home Affairs (mha) processed eight cases, and 97
were processed by the Delhi government. Five officers were exonerated by
the mha. In one case a cut in pension was recommended for five years, and
in another case a restraint order was passed by the Delhi hc against a DCP.
In another DCP?s case the report was delayed, which has now been forwarded
to the mha. No action was taken in the 97 cases that the Delhi government
processed. A few examples:

Sewa Das Das, who was the DCP (East) during the anti-Sikh riots, is now
special commissioner, Delhi Police. According to the Kusum Lata Mittal
Committee report, Das was prima facie responsible for failing to supervise
and providing leadership to his subordinates. The report said: ?The conduct
of Sewa Das 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.

The report further said, ?Sewa Das removed Sikh officers from duty who were
inclined to take proper measures to deal with the rioters. The shos under
his jurisdiction systematically disarmed the Sikhs, as a result they
couldn?t protect themselves. At the same time no steps were taken to
provide police protection to them to protect their lives and property. Sewa
Das did not keep his superior officers informed of the killings which
continued under his jurisdiction, which amounted to concealment of
information and failure to discharge duties? there is no evidence to show
that he took action to control the situation. The conclusion can be drawn
that he knew what had to be done by him and his force is not to take any
action against the rioters and killers.

?Sewa Das made blatant efforts to conceal the number of killings even when
dead bodies were lying around him and he directed his subordinates to
register only a few cases in each area which were illegal. The killings
continued till November 5, which could have been prevented.... Sewa Das and
sho Kalyanpuri have been mainly responsible for the mass killings, Shoorvir
Singh Tyagi in Kalyanpuri/Trilokpuri and Sewa Das in the whole district.
Subsequently, continuous efforts have been made by them and on their behalf
to ensure that people do not depose against them. It is necessary in public
interest to dispense with the services of such officers.

Nanavati on Sewa Das

?As the departmental inquiry was held against him and he has been
exonerated the commission does not recommend any action against him,? the
Nanavati report said. In the same report, while examining the role of
Chander Prakash, the then DCP (South) and sho OP Yadav, who were also
exonerated in departmental inquiries, Nanavati said, ?The contentions
raised by both these officers are without any substance. The object, nature
and scope of inquiry under the Commissions of Inquiries Act is quite
different. It has a much wider scope than a departmental inquiry or a
criminal trial? The Commission is, therefore, of the view that it can look
into the conduct?? This logic is bizarre. If Nanavati thought it fit to
recommend action against Chander Prakash, then why not against Sewa Das?

Shoorvir Singh Tyagi Tyagi, who was sho Kalyanpuri/ Trilokpuri in 1984, is
now ACP. More than 500 Sikhs were killed in his area. The Kusum Lata Mittal
Committee had this to say on Tyagi?s role: ?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? it has been seen
that the police staff of Kalyanpuri, particularly si Manphool Singh, have
been helping Shoorvir Singh Tyagi by bringing over persons to be
pressurised to depose in his favour. However, this sho is a living shame
for any police organisation 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.

Nanavati on Shoorvir Singh Tyagi

?sho Tyagi has stated that he was falsely implicated by his seniors and
that in both the criminal cases that were filed against him he has been
discharged. The revision petitions filed against the orders of discharge
have been dismissed by the Delhi hc. In view of his acquittal now no action
is recommended against him,? the Nanavati report said. What Nanavati fails
to record is that the sanction for prosecution was not granted, which is
why the case was discharged. The Mittal Committee?s recommendations against
?the living shame for any police organisation? still stand.

UK Katna Katna who was DCP (West) during the riots is now a dgp in the
Northeast. More than 900 Sikhs were killed in his area. When one victim,
Harminder Singh, sought his help, Katna said: ?What can we do? The dead
bodies of Hindus filled in trains are also coming from Punjab?.

On November 1, 1984, a serious incident took place at Samrat Enclave,
Punjabi Bagh police station. Three persons were killed by a mob in the
presence of the DCP. The mob was not dispersed and there was no police
firing. No separate fir was registered for murder of three persons, but an
fir was registered under Sections 411 and 412 of the IPC.

In Tilak Nagar, three firs were registered ­ against Sikhs. Major NS Phul,
a resident of West Delhi, was taken by the DCP to the police station where
he was beaten up, tortured and his licenced pistol snatched.

The Kusum Lata Mittal Committee stated that Katna failed to rise to the
occasion and is unfit to head a district. It recommended a major penalty
against him. The additional force of companies made available to him on
November 1, 1984 were not utilised, no force was sent to Sultanpuri,
Nangloi and Najafgarh, from where rioting was reported. Further affidavits
filed stated that a large number of dead bodies were removed or burnt with
the help of police in order to destroy evidence of killings.

Nanavati on UK Katna

Justice Nanavati said that police officers have been exonerated in
departmental inquiries and therefore, no action is recommended against
them. A contradiction again, for the Chander Prakash argument could have
been applied here too. He was let off despite the fact that witnesses had
levelled allegations against Katna.

HC Jatav Jatav, who was Additional Commissioner of Police in North district
during 1984, has now retired. Over 150 Sikhs were killed and scores of
affidavits filed suggest that a number of miscreants apprehended by the
residents were let off by Jatav.

According to the Kusum Lata Mittal report, ?The role of HC Jatav,
Additional Commissioner of Police (Delhi range) during the riots has been
questionable, partisan and inexcusable. He was obviously in sympathy with
some local leaders and disinclined to take action against the culprits. He
demoralised the Sikh officers under his charge by ordering their transfers
and the substitutes sent miserably failed to control the situation. For an
officer of his seniority and experience, displaying no will to act when
riots were spreading in the capital of the country is indeed deplorable.
Such an officer is not fit to be retained in a disciplined force.

Nanavati on HC Jatav

Justice Nanavati recommended no action against Jatav despite witnesses
filing affidavits against him.

Chander Prakash Prakash, who was DCP South in 1984, has now retired. In
South district more than 500 Sikhs were killed and according to the Kusum
Lata Mittal Committee arson, loot and killings took place because of the
dubious role played by the DCP and his staff in this district. In some
police stations it has been quite evident that the police was actually
hand-in-gloves with the leaders of the mobs with the blessings of the
DCP/Additional DCP (Ajay Chadha). In some areas the police even announced
that the curfew was only for the Sikhs and not for others which is indeed
surprising. In respect of some police stations like Delhi Cantonment and
Srinivaspuri, there are direct allegations against DCP (South) that he was
openly encouraging the mobs to indulge in violence.

In the Delhi Cantonment, apart from the affected persons, Ramesh Singh
Rana, si Sagarpur division, went on record to say that the DCP (South) and
Additional DCP told rioters that they should not be present when the police
was in the locality, but otherwise they could continue with their
activities. The si was also instructed not to resort to firing. To destroy
evidence, wireless log books of the DCP and Additional DCP were tampered with.

Santokh Singh said the DCP ordered the police to fire on the Sikhs, who
were trying to protect their vehicles from the mob. According to him, the
looters who were caught red-handed by Gautam Kaul, Additional Commissioner
of Police, in Srinivaspuri and Defence Colony area, have not been accounted
for in the police records. They were let off even though his superior had
himself caught them.

Kaul, during his visit to Defence Colony and New Friends Colony, instructed
the DCP (South) to register as many cases as possible, and to create
special investigation teams in the police stations for the registration of
firs and for subsequent investigation. However, the DCP and his staff did
exactly the opposite. He let off the criminals who were arrested by the ACP
or who were brought to the police stations in the presence of the ACP.

The report recommended that if faith in the administration has to be
restored, officers like DCP Chander Prakash have no place in a disciplined
force and should be dealt with in an exemplary manner. It said Prakash
appears to be absolutely unfit to be retained in service and the government
should consider his case for being dealt with in accordance with the
provisions of Article 311 (2) (b) of the Constitution of India. As far as
Ajay Kumar Chadha, additional DCP is concerned, disciplinary action was
recommended against him.

Nanavati on Chander Prakash

The Nanavati Commission asked the government to consider if action could be
taken against Chander Prakash. This, despite the fact that the Mittal
Committee report had observed that officers like Prakash, have no place in
a disciplined force and should be dealt with in an exemplary manner. The
government, however, stated in its atr that most of the police officers
have either retired or been exonerated in inquiries, hence it is difficult
to initiate any action at this stage.

Amod Kanth Kanth, who was DCP Central district during the riots, is now
joint commissioner. This was another district affected by mob violence and
a number of people were burnt alive. Kanth arrested 16 members of a family,
including old women and children, whose houses were attacked by the mob.
This family fired in self-defence but was arrested. The Delhi government
recommended his name for a gallantry award and described this family as ?16
desperadoes?. A subsequent government notification stated them to be
?miscreants? who were ?overpowered? by the police.

The family was implicated in a police case for the death of two persons
killed in firing but the forensic reports gave them a clean chit stating
that these deaths were not from bullets fired from their weapons. One
member of the family, Trilok Singh, stated in his affidavit, that these
persons (Mangal and Krishan) were killed in cross firing between the police
and the military.

Earlier, the court had also given them relief stating that the firing was
in self-defence. Despite receiving the forensic report, no action was taken
against the guilty officials. Instead, Kanth and SS Manan, sho, were given
the President?s medal for gallantry. A news item appeared in papers that
terrorists have been arrested, who were firing at the police and military.

Nanavati on Amod Kanth

According to the Nanavati Commission report it did not find any material to
prove that DCP Amod Kanth and sho SS Manan had failed to perform their
duties or that they had an anti-Sikh attitude. The report says the officers
did not also misuse their positions in treating the families of Trilok
Singh and his uncle. The vital forensic report was conveniently ignored.

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