1984 Delhi Sikh Genocide - Affidavits

Affidavit submitted before the Misra Commission

I, Gurbir Kaur W/o Arjan Singh Khurana, aged 48 yrs., R/o 14/16, Punjabi Bagh Extn., Delhi, do hereby solemnly affirm and state as under: -

1. That in the early hours of 1-11-84, (Thursday), while my husband was out to bring milk from the Milk Booth, someone told him that he should go back to his house as some mob has come to the area and is indulging in killing of Sikhs and looting and burning of their properties. He immediately rushed back and the entire family remained indoor & locked from inside.

2. We were told by our Hindu neighbour that we should remain inside lest we would be harmed. Throughout the day fire flames from all sides were visible in the sky. Twice mob tried to attack our houses but our Hindu brethren were quite vigilant and told the mob that no Sikh family lived there. That on seeing the newspaper reports on 2nd November 1984, I was stunned to read the news about death and destruction of Sikh lives and properties in Delhi, particularly the trans Yamuna area, Mangolpuri and other resettlement colonies. That the irony of fate is that not a single policeman was visible in our area. It was only on 3-11-84, we heaved a sigh of relief only when we heard the announcement on the loud – speaker that our area has been put under curfew and anybody violating the restrictions would be shot dead.

3. That on 9th November 1984, my husband resumed duty in his office and one of his colleagues who resides in Laxmi Nagar, trans Yamuna area told that our property situated at D-158, Laxmi Nagar has been occupied by some people who are converting it into a temple.

4. That I have a plot of land measuring 250 yards, which I had purchased in 1970 out of Khasra No.63, situated at D-158 (Old D-1) situated at Laxmi Nagar, near Vijay Chowk, Delhi. One room and boundary walls on all sides of the plot were constructed by me wherein some goods, were kept in the room.

5. That during the riots which took place on 31st October 1984 to 3rd November 1984, after the assassination of Indira Gandhi, some anti-social elements i.e. goondas of Laxmi Nagar in connivance with some local workers of the ruling party committed criminal trespass and illegally took possession of my property and destroyed the room constructed and the goods kept therein. Taking advantage of the Anti-Sikh riots these anti-social elements tried to carry out illegal and unauthorized construction on my above property in the name of a temple ‘Shiv Mandir'.

6. That on having come to know on 9-11-84, about the trespass after the lifting of curfew, I went there with my sister and was threatened with dire consequences with threat to life by these goonda elements if ever come near my property.

7. That after my complaints, representation and under instructions from the authorities, the local police got vacated my property from the anti-social elements on 17.11.84 and registered a case u/s 448/IPC vide FIR No.380/84 dt. 19.11.84, PS Shakarpur, against the illegal occupants. Thereon no action was taken against the culprits. The possession was restored to me on 20.11.84 vide police Daily Diary No.41B dt. 20.11.1984. On our request police was guarding the premises.

In this connection one copy each of the following documents is enclosed:

1) FIR dt. 10.11.84 to SHO, PS Shakarpur.

2) Complaint dt. 10.11.84, addressed to the Prime Minister, Buta Singh, HKL Bhagat, Lt. Governor, Police Commissioner.

3) Registered Sale Dead dt. 25.8.1970.

4) News items appeared in the Stateman, Navbharat Times and Indian Express dt. 14.11.84, 16.11.84 and 17.11.84.

5) Letter dt. 28.11.84 restoring possession to me.

6) Police Daily Diary No.41-B dt. 20.11.84.

7) Registration of case u/s 448 IPC vide FIR 380/84 dt. 19.11.84 by PS Shakarpur.

8) Representation dt. 1.12.84 seeking police protection.

8. That, since no action was taken against the anti-social elements by local police and with declaration of holding of Lok Sabha Elections in December, 1984, these anti-social elements (list attached) in order to save themselves from prosecution, again entered into criminal conspiracy, and filed a false and fraudulent civil suit No.,869/84 in the fictitious name of 108 Baba Lakkar Das (Phalshari Mahatyagi) V/s Jai Singh, the then SHO, ACP (East) and DCP (East), that a temple was in existence in the said property and the people in general had a right to enter the same. On the basis of misleading facts they also obtained an exparte ad-interim order on 5.12.84 from Bhola Dutt, Sub-Judge, 1st Class Delhi.

9. However, the Hon'ble Judge on the basis of records and police investigations vide its order dated 24.4.85 vacated its earlier ad-interim injunction and held that:

"That plot premises were forcibly occupied by the plaintiffs and their associates and they have trespassed into the plot belonging to Gurbir Kaur who is in physical occupation right from 1970, the ex-parte injunction was obtained by the plaintiff from the court by concealment of material facts and that at no time there existed any temple; it was only after obtaining the ad-interim order on 5.12.84, the plaintiffs have started showing premises as a temple."

The court has, therefore, vacated its earlier order and dismissed the application of the plaintiff u/s 39 Rule 1 and 2 CPC.

10. That on the basis of Court's order and with the intervention of high authorities, the above property was restored to me on 10.5.1985, wherein I had put my lock and seal in the presence of local police vide PS Shakarpur Daily Diary No.43-B dt. 10.5.85. While abandoning my property the illegal occupants left certain idols which are lying unclaimed. I requested the police authorities, to remove the unclaimed idols and remove unauthorized construction in the name of temple from my property.

11. That inspite of Govt. Counsel's advice based on Court's decision, no preventive legal action has been taken against the culprits. The result is that the anti-social elements in connivance with the local Congress-I political leaders are trying to politicalise the issue and give a communal colour with a view to grab the property of a riot victim Sikh family in the name of religion. These goonda elements are still active and are conducting prayers in front of gate of my property thereby preventing me from using my property. I fear they are whipping up communal feelings and are thus by-passing the judiciary.

12. That after putting my lock and seal, the same anti-social elements have been coming to my resident making vulgar and derogatory remarks and have written an anonymous letter threatening me and my family with November, 1984 like atrocities if ever I remove the idols from the premises.

13. That inspite of my various requests to the authorities so far no effort has been made to remove the idols and unauthorized construction i.e. temple from my premises nor any action has been taken against the anti-social elements i.e. conspirators for:-

1) Committing criminal trespass.

2) Filing of false and fraudulent civil suit against the law enforcing authorities;

3) Deceiving and misleading the civil court by concealing the material facts; and

4) Harassing a law-abiding and riot-victim citizen by not allowing her to use peacefully her property.

One photocopy each of the following documents is attached:-

1) List of Anti-social elements.

2) Photo copy of false civil suitNo.869/84 containing the names and addresses of anti-social elements.

3) Photostat copy of Court order dt. 24.4.85 vacating the stay order.

4) Daily Diary No.43-B dt. 10.5.85 taking possession by placing lock and seal.

5) Representation to police dt. 27.5.85 for removal of idols and unauthorised construction from my property.

6) News items of ‘Jansatta' and ‘Milap' dt. 21.5.85 and 23.5.85.

7) Anonymous threatening letter.

8) Representation dt. 11.6.85 to the Prime Minister, Home Minister, Lt. Governor, Police Commissioner and Addl. Police Commissioner.

9) News items of ‘Statesman' and ‘Patriot' dt. 23.7.85.

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