1984 Delhi Sikh Genocide - Statements

Statement submitted before the Nanavati Commission

Witness No. 107

Name : M.S. Sapra

Age :

Occupation : Retired ACP

Address : D-209, Ram Prastha Colony, Dist. Ghaziabad

On SA

I was SHO Police Station Shahdara on 31.10.84. I was transferred from there on 17.11.84. Inspector Bhim Singh took over charge from me. I was transferred SHO to Police Station Seelampur. The report at pages 1 to 17 in file exhibit No.W91/16 was made by Inspector Bhim Singh. The report at pages 27 to 41 in file exhibit No. W91/16 is made by me. Mr D.D.Sharma was the then ACP of that area. The report in file exhibit No.W91/17 was made by ACP Shahdara, Mr DD Sharma.

Cross examination by N.S. Bawa, Advocate on behalf of November '84 Carnage Justice Committee

33 deaths were reported in the area of my police station. I do not know what Delhi Administration had done to find out the exact number of deaths in my area. It is possible that the Delhi Administration might have reported 171 deaths as all the forms were addressed to SHO Shahdara because information in respect of area not within the area of Shahdara were also included. This fact is also explained in the report of ACP Sharma in his report.

I do not know if the FIR No.607/84 and the connected papers of investigation disclose 37 deaths. I cannot say anything about the authenticity of the list (which is now exhibit No.W107/1) shown to me. I further say that the investigation was carried out by different agencies. I cannot say that the case was investigated by the Shahdara Police only as I was transferred from that Police Station. It is true that it was not transferred till I was there as SHO.

There were some incidents on 1.11.84 in my area. Without verification I cannot say that about 210 incidents had taken place on that day but there were many incidents. It is true that the police had not resorted to firing on 1.11.84. Probably the police had resorted to lathi charge on 1.11.84 though it might not have been so recorded in the records. No body was arrested on 1.11.84.

I had gone to Sajjupur at about 10.00 am. I was there for about 10 to 15 minutes. I had tried to disperse the crowd but the crowd was a huge one and it was of the menacing gestures. ACP, Shahdara and DCP (East) were present there and advised me to go back to the Police Station. In fact I was escorted to the Police Station. ACP, Shahdara and DCP (East) had reached there before I had reached that place.

It is true as mentioned in the report that, I had dispersed the crowd but it was not fully dispersed. Some people in the mob had sticks, iron rods and such other small weapons. The ACP, Shahdara and DCP (East) could have also 8 to 10 police personnel with them. I had 18 persons with me. The crowd was of about 4 to 5 thousand persons. On seeing me, some persons in the crowd had uttered that Mr Sapra had come, as I was a tough SHO, many wanted to take revenge against me.

I did not know the people in the mob. The road there was 100 ft. wide. The crowd had completely occupied the road and the traffic was blocked. The crowd must have occupied about 300 yards. The ACP, Shahdara and DCP (East) might have reached there about 10 to 15 minutes before me. By the time I had reached there no untoward incident had taken place. The DCP (East) and ACP, Shahdara were also dispersing the crowd by telling the crowd to disperse.

They were telling the people to disperse and they were also pushing them to disperse the mob. They had not resorted to lathi charge. Some of the policemen did possess arms. I was not hurt but if I had remained there for more than a minute then I would have been physically assaulted. No other policemen was injured.

One incident of killing of two persons had taken place on 5.11.84. That incident had happened as a result of personal enmity. Only one offence was registered on 1.11.84. On 2.11.84 only one FIR was registered. The offences were registered on the basis of the information given by the police officers themselves. No preventive arrest was made on 1.11.84.

It is true that in a statement recorded u/s 161 Cr.P.C. on 13.11.84 of Rajwant Kaur it had been stated that 5 persons of her family were killed by the mob which included 6 persons named therein. It is true that in the statement of Amar Jeet Kaur recorded on 13.11.84, 9 persons were named from amongst the mob which had looted and burnt her house. It is true that six out of those 9 accused persons were common as mentioned in Rajwant Kaur's statement.

It is true that those named 9 persons accused were not challaned. The challan was prepared on 26.4.85 by my successor. The only explanation that can be found from the case papers is that those persons were challaned against whom the evidence is there. There is no specific reason as to why those 9 persons were not challaned. It is true that the three accused persons in case arising out of FIR No.607 were discharged by the court.

The challan does not mention the exact number of deaths but what is stated therein is that the certificates of the persons who had died were sent along with the challan. The challan refers to four dead bodies. It is true that in the list of documents it is not mentioned that the death certificates were forwarded to the court. It is true that in the challan the names of the dead persons were also not mentioned.

The army had arrived in my area on 2.11.84 in the evening. As far as I recollect the army had not resorted to firing in my area. I had not seen any Executive Magistrate with the army people.

The strength of the police has been correctly mentioned at page 14 of exhibit No.W91/16. The 11 accused persons in FIR No.608 were arrested on 10.11.84. Two accused persons were arrested on 5.11.84. I cannot say if the three accused persons in FIR No.607 were involved in the offence of murder on the basis of any statement of a witness other than Ramesh Chand recorded on 15.11.84 regarding looting of his shop.

The First offence registered with respect to anti-Sikh riots was FIR No.606. It was recorded on 1.11.84. That FIR was registered against two Sikhs. I cannot say whether the person who had received injuries was in the mob.

Read over and found correct.

(M.S. Sapra) (G.T. Nanavati)

27th November, 2001

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