How Sikhs are denied justice in India – failure of Nanavati Commission? A REPORT.

In my opinion, Three are three failures of Nanavati Commission as follows but the list is not final yet. Many other points needs be added before it’s finally produced before Supreme Court.
So I request all individuals, Sikh organizations, political leaders and victims of 1984 (elite class of society) to come forward and help Sardar Sudarshan Singh wazir before his PIL is rejected once again like my PIL which I submitted against Amitabh bacchan was turned down by a judge Man Mohan Kumar in Delhi High Court.
1- No probes on killing of innocent Sikhs in other states of India,
2- No recommendation to punish any Police officer, was no police officer guilty? (Ved Marwah inquiry was stopped to probe further).
3- Why no investigation was made against Amitabh Bacchan who provoked Hindus to kilspill bood of Sikhs openly on nation TV Doordarshan?

A petition seeking constitution of a Special Investigating Team (SIT) to probe the 1984 anti-Sikh riots. It remarked,” Neither have (investigation) Gujrat riots concluded nor has this (1984). You are unnecessarily raking up things that happened decades ago,” a bench headed by justice AK Patnaik observed when the petitioner insisted the various commissions set up to probe into the riots had failed come out with conclusions.

The petitioner, S. Sudarshan Singh Wazir is a former President of  Jammu and Kashmir Sikh Gurudwara Prabandhak Board of Jammu and Kashmir, the court however gave him one week’s time to the petitioner to place the Nanavati Commission’s report. The commission had conducted a detailed inquiry into the sequence of events leading to the riots that broke out after assassination of then Prime Minister Indira gandhi on Oct. 31. 1984.The Court gave the directions after being convinced Wazir had no political inclinations.

“The court will go into issue if it’s showed that something was left out during the inquiry by the commission,” the bench told the petitioner’s counsel.

In his PIL (Public interest litigation), Wazir said around 10 committees were set up to probe into the riots. however, they have been stained with one or another lapse.

Whether we Sikhs rake the issue unnecessarily or we are reallay denied justice in India? Whole world knows about this issue but Supreme Court bench calls it unnecessary raking after decades? Then how can we have any hope of justice from this supreme authority also? When i filed a PIL in Delhi High Court five years ago, it was also not accepted with almost same remark as ….”‘due to delay in filing this complaint, this PIL was rejected on 24/10/2009″.

Does filing a Litigation, serious in nature, related to provocation of mass murders, arson, rape, molestation and most henious acts so divide the society and the nation due to the provocation was evident in this Litigation? If my Litigation can be rejected on the ground of late submission/applied than how could there be a case is filed against Bihar Chief Minister Nitish Kumar after 18 years? And there are many other such cases accepted by Supreme Court. Why Supreme Court accepted them?

Even a FIR can be lodged after many years (There is not any time limit).

The gravity of crime is never reduced in the cases, in which the punishment could be three years or beyond three years but all these acts were not followed and my PIL was rejected because Indian government has one motto only-to shield the perpetrators of Sikh genocide and harass the victims.

I wonder if  the findings of a former Chief justice of India and a jury member of Supreme Court of India not enough to prove the failure of Nanavati Commission?  The points he raised and sent to justice Nanavati, were  not accepted in account to probe, giving an easy escape and benefits to many perpetrators, Chief organizers and guilty police officers of Delhi. 

Justice R S Narula;

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1984 Questions that Remain Unanswered

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Justice (Retd.) Ranjit Singh Narula*

[* Eminent jurist and former Chief Justice of Punjab & Haryana High Court. Article

 Source: Reproduced from The Sikh Review, September 2000]

The Government of Delhi State has, by a Notification dated May 08, 2000, assigned to Justice Nanavati all matters relating to the 1984 massacre of Sikhs. Here are some key Questions for the Commission.

Once I thought to write an article on the 1984 genocide of Sikhs but I have, time and again, restrained myself, as the article would forewarn the culprits because my reference to various aspects of the case may lead to destruction of even the remaining relevant records.

Here are some of the questions the Commission – indeed the Government – must answer.

1. The official Telex message sent at about 11 A.M. on 31.10.84 to Indian Embassies and High Commissions abroad mentioned “Two Sikh Guards and a clean-shaven” as the assassins of Indira Gandhi. Who was the third man “the clean shaven” one ?

2. Why was the large number of Sikh police personnel taken off duty, and sent to the barracks on the 31st October when no one could see any risk to their lives ? Why were they disarmed?

3. Who was the clearly visible and identifiable man who continued to be shown on the Doordarshan television throughout the first part of October 31-Nov. 1 night (standing at the threshold of the room where lay the dead body of Indira Gandhi for public view) shouting: “Sardar Qaum ke ghaddar” and “Khoon ka Badla Khoon” – openly inciting spilling of Sikh blood.  (Ans. Amitabh Bacchan)

4. Why no action has been taken against that man, till date, for openly spreading disaffection between communities and provoking bloodshed of identifiable persons ?

5. What happened at the meeting held in P.M. Rajiv Gandhi’s house on the evening of October 31? Who were present there? Official records are stated to refer to such a meeting and the presence of the Govt. and police officials therein.

6. Some police officers – above DSP level were called by wireless messages to attend a meeting at a Minister’s (H.K.L. Bhagat’s) house late on Oct. 31. Who ordered the meeting, how much time was spent in the meeting, who addressed the meeting, and for what purpose?

7. Who accompanied Rajiv Gandhi on the night between 31.10.1984 and 1.11.1984 when he – admittedly – went around East Delhi with HKL Bhagat, and others, for a short time?

8. Photographs and news published in newspapers and magazines showed that wherever any Sikh properties were on fire, the fire brigade showered the water on the adjoining non-Sikh properties – and not on the burning ones. What action has been taken against the fire brigade people for this deliberate mischief and wanton disregard of duty? What was it due to?

9. Was any inquiry held into the deployment of D.T.U. (PSU) drivers for ferrying rioters from place to place in official buses, to which fact reference was made in the press and some police reports? Who organized the drivers and provided for fuel?

10. Why did the police take away even the kirpans of the Sikhs from their houses (violating their Constitutional right) to defend themselves against organized violence? Why was this continued even after the first set of disarmed defenders was fatally attacked?

11. How was it that all the Delhi police stations adopted the patently illegal method of not recording separate reports (FIRs) of separate complaints, but compressed all the complaint of murders into a single case of riot in the area? What action has been taken against the delinquent officials?

12. When at 12.23 P.M. on 1.11.84, a wireless message from East Dist. Central Police Room (office of DCP Sewa Dass) was received by SHO Kalyanpuri (Surbir Singh) to the effect that people had set fire to the Gurdwara, why was the message confined to sending the fire brigade and why was police force not sent to arrest the “people” who were roaming about during curfew with cans of petrol?

13. Why did the SHO Kalyanpuri not take any police action except sending back the wireless message that “information has been sent” (to the fire brigade)?

14. When at 12.40 P.M. on Nov. 01. 1984 a wireless message was sent by Surbir Singh, SHO to his Kalyanpuri police station to reach Block No.11 Kalyanpuri, why did police not rush to the spot to control the killings and looting?

15. Why was neither any adequate police action taken nor serious notice taken of the alarming wireless message sent at 14.35 hours, and again at 15.10 hours on November 01, to SHO Kalyanpuri, that there was serious trouble in Blocks 32 and 36 of Tirlokpuri, where the Gurdwara and Sikh shops were being put to fire and the position was serious? Why was extra force not called/sent to the spot from the police lines or Central Area or from non-Sikh areas which were quiet?

16. Same questions as No. 15 above arise, with greater force, to the situation reported at 15.10 hours on Nov. 01 by East District Control Room to the area police station, Kalyanpuri, by wireless, specifically reporting that extensive loss of life and property was taking place in Blocks 32 and 36 of Tirlokpuri? Why was army not called by higher-ups when every minute report was being received by them?

17. Why did none of the scores of wireless messages refer to the target (Sikhs) of all the killings or looting?

18. Why was seriousness not attached to the situation when wireless messages started pouring in from 18.30 hours on Nov. 01 onwards, about dead bodies lying on the roads? Why was the common feature of dead bodies being of Sikhs not brought on record?

19. Why were the higher-up police and executive officers – up to the Home Minister, Narasimha Rao, paralyzed when the situation in Kalyanpuri and Tirlokpuri (in East Delhi) reporting: (a) the butchering and murders of persons on large scale was reported on Wireless at 17.31 hours; and again (b) when DCP R.K. Sharma’s wireless message was received at 18.58 hours on Nov. 01 reporting about 200 persons having already been killed in Tirlokpuri alone?

20. Was this deliberate non-action not due to the publicly expressed view of the then P.M. that all this was the natural rumbling caused by the “fall of a Big Tree”?

21. In spite of details of the wholesale killings of Sikhs reaching highest quarters by late night on Nov. 01, why no preventive measures were taken on the following two days?

22. Why, and by whom, was the request of Commissioner of Police, dated October 31, to call Army on Nov. 1 turned down? Why was calling Army postponed even on Nov. 01 after the mayhem had already started?

23. Why did no Govt. officials contradict the statements made by Congress leader Dharam Dutt Shastri (who has been given State security at the cost of tax payers like us) in police station (reported in Indian Express) that police should not arrest the people who resorted to the violence, as they were not criminals, but respectable persons. Who were those “respectable persons”?

24. Who and why was public notice (report in Indian Express) issued on or about 5.11.1984 that persons who had stolen property from Sikh homes in their possession should place them in the street corners, so that the owners can take it back? The obvious object was to destroy evidence of legal presumption that the holder of looted (stolen) property had looted it.

25. When Additional Commissioner of Police, Ved Marwah, IPS, started inquiry into the conduct of erring police officers, and they were letting out the truth, why was he not allowed to continue the inquiry and to make his report?

26. What has happened to the notes of the true statements made before Ved Marwah unofficially?

27. Why did government not oppose the prayer for stay of inquiry made by Brahmanand – a Congress stooge – in his Writ Petition heard by Justice Maharaj Krishan of Delhi High Court?

28. When Army units from Meerut side reached borders of Delhi, and it was found that the units had some companies of Sikhs, they were stopped from being deployed. Who ordered this – and why?

29. How is it that when their substitutes were called from elsewhere, there was no Sikh unit therein?

30. When, instead of holding departmental proceedings, criminal cases were filed against some policemen under the Police Act, and/or Criminal Penal Code, why was Govt. sanction not first obtained, when the law in that respect under Section 197 Cr. P. C. is clear?

31. When such cases were dismissed “for want of sanction” why did the Govt. not promptly give sanction for prosecution? Alternatively, why did the Govt. not resume the departmental proceedings which had been stayed suo moto because the cases had been filed in court?

32. Why, instead of following at least any one of the two logical courses, (viz. grant sanction and/or resume departmental proceedings), the Govt. went up in patently useless Criminal Revision petitions to the High Court and kept them pending for a long time, and then conceded that sanction was indeed necessary, after having, in the meantime, dropped the departmental proceedings?

33. When the Kusum Lata Committee (appointed by the Govt.) found about 72 police officers to be guilty of crimes and serious dereliction of duty, why no action was taken against them? On the contrary, why were those officers given promotions? (Ans: When there names officially confirmed, they were suitably rewarded)

34. When, on the eve of Punjab elections (1991) Narasimha Rao, then Prime Minister, gave a press statement that action would be taken against the alleged guilty police officers, one such officer made a press statement threatening to speak out the truth if action was initiated against him by the Govt., that was the end of the action announced by then P.M. Why?

35. What was “Operation Shanti”? When was it conceived and worked out? (for answer kindly visit : http://violatingfaith.blogspot.com/

36. How is it that hundreds of attackers drawn from different parts of Delhi and Haryana appeared, armed with iron rods of same material and size? Why have these rods not been recovered from them after the killings?

There are about one hundred other questions — to ask those questions is to answer them!
The record is full of material to expose the reality. For example, there is a videotape showing why Satnami Bai, having identified HKL Bhagat in the earlier hearing, refused to identify him in court after she had been drugged.

I have given here an indication so that in case of fresh independent inquiry, if I am no more on the scene, this indictment can be published and pursued.

Whether we Sikhs have no right to get the answer on these question from Govt. of India and whether the honorable Supreme Court not answerable to it’s one late member of Jury? If not, certainly we the Sikhs shall always be denied justice in India and we will give all hopes of it in future. We have already given hopes of any justice in India but as this last chance is seen, the Supreme Court is requested to do the justice and heal the wounds of Sikhs by taking suitable action against culprits of 1984 Sikh genocide.

—————————————————————————–

Ved Marwah—the then Additional Commissioner of Police Delhi was tasked with investigating police inaction in the anti –Sikh riots, days before his report was due, he  was told to wind up the inquiry.

Soon after the 1984 anti-Sikh riots, I was brought back to Delhi police, asked to inquire into the role of police officers and submit my report in three months. I worked day and right to complete the inquiry and examined a number of persons, both in the police as well as outside. I also seized all records of the police stations in whose jurisdiction the killings had taken place. That alarmed people because they realized the scope of the inquiry.

The records could not have been challenged. it was obvious that the men in uniform had vanished from their police stations when Delhi was burning and Sikhs were being killed. According to police rules, all movements of police officers are recorded by the minute in the thana (Police Station) daily diary but I  found that the diaries were totally blank. I also looked at the call recordings and realized that the police had not responded to calls for help.

The other disturbing fact that came to light was that the so-called mob comprised a small number of people groups of 20 to 3. the police could have intervened and stopped them from setting Sikhs ablaze. This is some thing that bothered them.

Then some Delhi police officers, whose names figured prominently, filed a writ against the inquiry in the high court. The court refused to stall the inquiry. Then they used political clout. I had completed my inquiry and only had to write the report when I received and order to stop my inquiry. The then commissioner of police sent me a written order asking me to stop my probe. When I asked him why, he just smiled. but others told me that the ostensible reason was that the government had decided to appoint another commission, headed by Ranganath Mishra.

I should have been allowed to complete my inquiry but te police officers did not want it to go any further. It was extraordinary that close to 3,000 Sikhs were massacred in the capital and the police did not respond to their desperate pleas for help.

 Ironically while little or no action has been taken against the police for dereliction of duty. I have been hounded for the last 29 years. A number of cases have been filed against me on flimsy grounds. Summons came to me even when I was the governor of Manipur, in fact, the summons was pasted in front of my flat. This is how a former commissioner of police and governor is treated. So much litigation requires money. The police officers are obviously funded.

Ajmer Singh Randhawa

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