THE SOUL OF THE BUSINESS
A PRIVATE   FAITH MADE DANGEROUSLY PUBLIC 
The Making of a Paper
 By SHOMA CHAUDHURY
 In Gratitude
 By TARUN J TEJPAL

The Carnage: Sikhs venting their anger at the police inaction

Ved Marwah, the first police officer to inquire into police lapses, was asked to stop his investigations midway. Marwah told the Nanavati Commission that he was asked to discontinue his probe even before he could examine senior police officers

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.”