CONCLUSION
Having ruled out the accident and negligence theories as explained above, the committee is inclined to believe that the fire was man-lit possibly with the aim of creating mischief. It is inescapable for the committee to conclude that a communal clash was the object behind the mischief. This conclusion is supported by the circumstances. It was reported to the committee by the residents that similar incidents took place at Shanker and Sarinh villages as well as in Nakodar itself where mischief was attempted at two Gurdwaras and one Mandir prior to the Nakodar incident.
The committee is very much concerned and is anxious to know the real reason for the presence of an Intelligence Officer, Mr. Ranjit Singh Bhinder along with Mr. Umrao Singh, a Congress (1) leader, at the residence of a patron of the Shiv Sena , soon after the incident.
The committee was intrigued to hear from Mr. Ravinder Singh, a close friend of Mr. Balwant Singh, Finance Minister, Punjab, that Mr. Romesh Chopra of Shiv Sena could be the culprit. It is interesting to note that Mr. Ravinder Singh was instrumental in reversing the local Gurdwara Committee’s move to take the burnt “Birs” to Goindwal Sahib for the last rites.
A few lawyers of Nakodar claimed that Mr. Umrao Singh and Mr. Balwant Singh were very close to each other although they belonged to two different political camps. Mr. Umrao Singh contested from Nakodar Constituency and was defeated by Mr. Kuldip Singh Wadala. Mr. Wadala and Mr. Balwant Singh are known to belong to two different factions within the Akali Party.
Due to a combination of political and other interests, Mr. Umrao Singh, Mr. Darbara Singh and Mr. Balwant Singh are stated to be close to each other.
A few senior Hindu Advocates, who do not want to be identified, are of the view that Mr. Darbara Singh’s role in igniting the communal fire could not be beyond the realm of suspicion due to expertise available to persons like him, and because they were responsible for the very elements who had thrown cow tails in mandirs (temples) and packets of cigarettes in Gurdwara Sarovars (Sacred Pool) on the eve of the operation “blue star”.
III
THE FIRING INCIDENT
On February 3, 1986, a protest march, in response to a call given by Akali Dal, started at 10.00 a.m. from Gurdwara Guru Arjan Dev Ji in Guru Nanakpura mohalla. Sikh students of all the three local colleges also joined the march. It was organised after the police failed to apprehend the culprits. Both the communities participated, including the local advocates who in addition observed a strike that day. Akali workers a day earlier had given a call through the public address system for the march.
Mr. Kuldip Singh Wadala along with some local leaders led the march. Five Singhs carried unsheathed kirpans in their hands as a show of tradition.
Mr. Kuldip Singh Wadala left the march when it reached Sabzimandi. The procession reached Ambedkar Chowk shouting slogans.
(The murderers of Guru Granth Sahib be arrested, the desecration of the Guru Granth Sahib shall not be tolerated).
A clash averted
According to Mr. Gurdarshan Singh Bains, Advocate, who was at Ambedkar Chowk just near his residence, when the protest march of about 1,000 persons reached the chowk, a small rally was held in which some Sikh youths including students demanded the arrest of “Khan” in connection with the Gurdwara fire incidents.
About 700/800 Shiv Sena workers who had gathered in Tandona Mohalla adjoining the Chowk, rushed towards the Chowk raisinc s!ogans.
The counter-slogan by the Sikh youth was: “Khalistan Zindabad”. The local citizens started dispersing from the Chowk while the precisionists mostly students and villagers proceeded towards the police station and the Shiv Sena workers towards Mandir Devi Talab. Mr. Bains testified that Shiv Sena workers were armed with unsheathed swords and lathis.
When the procession reached the Bus Stand, according to Mr. Ravinder Singh, Advocate, there were about 200 Sikh youths who held a rally there. They were demanding the arrest of Mr. Romesh Chopra again. From there they sat on “Dharna” in front of the Police Station and gave an ultimatum to the police that in case Mr. Romesh Chopra was not called for interrogation by 6.00 p.m. they would decide the next course of action next morning at Gurdwara Guru Arjan Dev Ji.
In the meantime, Mr. Ravinder Singh said – Mr. Kuldip Singh Wadala, Mr. Ajit Singh Khattar, Mr. Charan Singh and Mr. Jaswant Singh, Circle Jathedars requested the S.S.P. and A.D.C. present in the Police Station to round up Mr. Romesh Chopra so that the inflamed tempers of the Sikhs were pacified. But the S.S.P. remained adamant and asserted that he had summoned more police forces from Kapurthala, Hoshiarpur and other districts to deal with the situation firmly.
S.S.P.’s adamant attitude
Baba Joginder Singh too talked to the S.S.P.and A.D.C. at Gurdwara Guru Arjan Dev Ji at 5.00 p.m. but to no avail. Babaji, later, pacified the Sikhs and requested the Hindus present there to help the identification of the culprits so that the whole community was not blamed for the act of one individual. He later left Nakodar.
At 6.00 p.m. two Motor Cyclists, in plain clothes, visited Mohalla Tandona, according to Mr. Bains. They watched the activities of the Sena activists and brought police alongwith C.R.P.F. who dispersed the Sena workers, soon afterwards the curfew was clamped.
Mr. Bains testified: “Mr. Ramakant Jalota and Mr. R.K. Sarwal, Shiv Sena leader’s alongwith a large number of their members and workers from outside the Mohalla Tandona area reached there before the curfew was imposed.
On February 4, 1986, Villagers collected in the Malri Sahib Gurdwara. About 40/50 persons including Mr. Sukhdev Singh Sandhu, Advocate, reached Malri Bridge at about 10.00 a.m. By the time Baba Joginder Singh and Subedar Harcharan Singh Rode arrived at the bridge, where the police did not allow them to go to the town as there were curfew restrictions. Babaji then appealed to the people gathered there to disperse.
At about 10.30 a.m. about 100 persons led by Nihang Pargat Singh of Rauli Village entered the town from Mehatpur side escorted by a Sikh Inspector of the Punjab Police and the C.R.P.F. This Jatha reached near Ambedkar Chowk without any hindrance inspite of the curfew restrictions.
About 100 workers of Shiv Sena led by Mr. R.K. Jalota, Mr. Sarwal and Mr. Romesh Chopra alias Khan, according to Mr. Sudarshan Singh Bains, Advocate, who lives near the Chowk, came out of Mohalla Tandona. Both the parities raised slogans. The C.R.P.F. intervened near the shop of Pundit Narinder Nath Bhutara and the Sikh jatha (group) was then escorted out of the town.
A Nihang’s emergence
This Jatha reached Sherpur Bridge where villagers had already collected. By 2.30 p.m more than 500 persons had gathered there. No one was leading the assembly. Mr. Sukhdev Singh Sandhu, Advocate, was also present there. He testified that Mr. Jaswinder Singh, President, Akali Dal, Youth Wing, Mr. Paramjit Singh Malhi, Secretary, District A.I.S.S.F. Giani Roshan Singh of United Akali Dal (U.A.D.) and Mr. Harminder Singh Sandhu, Convenor, A.I.S.S.F. Lyalpur Khalsa College, Jullundar, addressed the assembly. Mr. Sandhu denied that any provocative speech was made. All witnesses blamed the Administration for not taking tactful steps to defuse the tense situation and condemned the officers who refused to talk to the Sikhs.
Mr. Sandhu deposed that he alongwith Mr. Bachittar Singh, Mr. Mohinder Singh and two others were authorized by the persons present, to request the authorities to assure the Sikhs that “Khan” would be apprehended, and to allow five persons, to see (have “darshan” of) the burnt holy “Birs” at the Gurdwara so that, on return, they could take the people in confidence about the damage done to the Gurdwara. But the officers did not budge.
Then Nihang Pargat Singh told the gathering at 3.30 p.m. that they had been through the bazars, nobody would object to their peacefully proceeding to the Gurdwara for “darshan”, according to Mr. Sandhu.
Precisionists allowed
On this assurance, the Police present at the Bridge gave way to the people who peacefully proceeded towards the town and reached near Natha Singh Saw Mills where police and Para-military forces were deployed in strength. The force was led by Mr. Ashwini Kumar Sharma, S.P. (Operations). Mr. Gopal Singh Ghuman, D.S.P., Mr. Surjit Singh S.P. (Detective) and Mr. Jaskirat Singh, Inspector, Station House Officer (S.H.O.) ete.
Mr. Sandhu stated that at this spot, the forces after throwing 2/3 tear gas shells started indiscriminate firing without any warning. The processionists were unarmed. One Ravinder Singh of Litran, a close relative of Jathedar Harcharan Singh Mahalon, was killed on the spot. Mr Harminder Singh Sandhu rushed towards the Saw Mill to escape from Police fire, where he was challenged by Inspector Jaskirat Singh. Sandhu was about six feet inside the Saw Mill. He stopped. Mr. Jaskirat singh fired at Point-blank range with his service revolver hitting the victim’s face. He fell down. Mr. Amarjit Singh Dhillon of A.I.S.S.F. Jalandhar rushed to his colleague’s rescue and to offer him a glass of water. Mr. Jaskirat Singh prevented Mr. Dhillon from going near the injured young man. Both the youngmen were arrested.
Fire is opened
The people ran helter-skelter. Jasbir Singh Jassi, gunman of D.S.P. Nakodar, opened a burst with his sten-gun. Just after, two dead bodies were lifted by the police from near the house of Priti Balmiki where one bullock was killed and the other disabled with bullets.
The police, Para-military forces and the mounted police continued firing while chasing the people up to Sherpur and Hussainpur villages. They raided and searched the houses of Sherpur village and broke open the doors. They gave severe beatings with rifle butts and lathis to whoever came in their Way, and arrested more than 20 persons from Sherpur village including Mr. Sukhdev Singh Sandhu, Advocate, who was sitting with Jathedar Iqbal Singh, in his house.
The mounted police did not stop firing even at the farm houses 2 KM away from the place of occurrence. According to the residents of Sherpur village a reign of terror was let loose. They showed several spent bullet cartridges, said to have been fired by the Mounted Police in the fields near Hussainpur. They also showed bullet marks on the walls of the houses of the other side of the village.
The police registered a case F.I.R. No.54 dated 4.2.86 under Sections 307/362/427/553/332/188/148/149, 511 of IPC and 25/27 of Arms act, at Police Station (P.S) Nakodar against the victims of Police highhandedness
IV
THE FINDINGS
According to F.I.R. No. 54 lodged by Inspector, Jaskirat Singh, S.H.O., P.S. Nakodar, the Police received information at 1.00 p.m. that 250/300 armed persons after hijacking a Bus were coming to Sherpur bridge to enter the curfew bound town. Under the command of S.P. (Operations) Mr. Ashwani Kumar Sharma, a big Police force including Mr. Gopal Singh Ghuman, D.S.P., Nakodar Avtar Singh, D.S.P., C.R.P.F., Parkarh Singh, Inspector, BSF, N.K. Patel of C.R.P.F., Hardial Singh, Inspector, Jullundur along with other officers of the District rushed to the Sherpur Bridge along with tear gas squads and the forces of B.S.F.(Border Security Force) and C.R.P.F.(Central Reserve Police Force).
Concoction by S.H.O
According to the Police Inspector, Jaskirat Singh, 700/800 persons armed with unsheathed Kirpans and pick-axes collected at the Sherpur bridge. Mr. Harminder Singh Sandhu, Mr. Paramjit Singh Mahli, Mr. Roshan Singh Mehmowal, and Mr. Sukhdev Singh Sandhu, Advocate, were also present and performed “ardas”(prayer).
“Today by disobeying the Curfew order we will oppose the police and by entering the town we will take revenge on the other party and just as we had snatched rifles from the youth workers in Amritsar, we will snatch them from the Police.”
The F.I.R. further recorded that the police gave a warning through the public address system and resorted to a lathi charge, fired from riot guns and exploded tear gas shells. But to no avail. Rather the mob started firing at the police party and thereafter the police and the C.R.P.F. opened fire in self- defence killing three unidentified persons and injuring eight on the spot. Mr. Harminder Singh Sandhu and Giani Roshan Singh were amongst the injured. He fired two shots from my service revolver and arrested 14 persons from the spot.
After site inspection and meeting persons connected with the incident, the Committee is of the view that the contents of the aforesaid Police version contained in the F.I.R. are a sheer concoction and is far removed from the reality.
The persons participating in the procession wanted to have “darshan” of the burnt “birs”. They were peaceful, non-violent and un-armed.
Was ““ardas” performed?
The gathering at the Sherpur Bridge, did not perform “ardas” as alleged by the police. Rather they requested the administration to allow only five representatives to have “darshan” of the burnt “birs” in the Guru Arjan Dev Ji Gurdwara. On refusal, Nihang Pargat Singh convinced the gathering that the Administration would not object to the peaceful procession being taken to the Gurdwara as they had reached there escorted by the police through the bazars of the town where Shiv Sena workers were freely roaming about. On hearing this assurance the villagers started proceeding towards the Gurdwara. The Police force at the bridge gave way. When this procession reached near the Saw Mill of Natha Singh, the police force stationed near the Octroi Post after throwing 2/3 tear gas shells started indiscriminate firing, killing on the spot one Ravinder Singh of Littran, a close relative of Jathedar Mohalan, two Sikh youths in the nearby lane and one bullock of Preetu Balmiki while injuring the second one as a result of the firing.
As a result of the sudden fire, the people ran helter-skelter. Mr. Jasbir Singh Jassi, a gun-man of D.S.P., Nakodar, opened a burst of fire from his sten- gun on the fleeing villagers. Some Sikh youths including Mr. Harminder Singh Sandhu rushed towards the Saw Mill of Natha Singh for safety. Mr. Sandhu was allegedly fired at,at point-blank range by S.H.O. Jaskirat Singh after challenging him by name. The committee regards Sandhu’s death as plain, unprovoked murder.
The police allegation about the attempt to set a Bus on fire is not supported by any evidence.
The arrest of Giani Roshan Singh on the spot is not borne out by any evidence. He was apprehended and beaten near Hussainpur, while he was coming to Nakodar on his scooter alongwith his, son Jatinder Singh. Mr. Sukhdev Singh Sandhu, Advocate was arrested from Sherpur from the house of Mr. Iqbal Singh, according to witnesses.
S.P. Sharma gave order
The local S.D.M. stated that the firing order was given on the spot by S.P. (Operations) Ashwini Kumar Sharma, while A.D.C. and S.S.P. were sitting at the police station.
The P.H.R.O Committee is of the view that, indiscriminate firing without warning was not only excessive but was also unjustified, considering all the circumstances of the happenings. There are a lot of unanswered questions for the district administration.
The Committee is unable to believe the death toll of the firing, and it may well be more than four. There is no evidence to disbelieve the figure given out by the district administration. However, the number of those injured may be more than the officially stated figure because many people appear to have dispersed to get private medical assistance.
V
THE CONCLUSIONS
After the five holy “Birs” of Guru Granth Sahib at Gurdwara of Nakodar were burnt, a case F.I.R. No. 50, dated 2.2.1986 under Sections 295/436 IPC (injuring religious sentiments and setting fire) was registered at Police Station Nakodar at 10.35 a.m. Inspite of the registration of the case, the police seemed to be in no hurry to conduct investigations. The matter was obviously very serious but the police took it lightly. Due to this inaction on the part of the police, the Sikh community felt deeply aggrieved and a section of the community suspected, on the same day, the hand of Mr. Romesh Chopra alias “Khan” in this mischief.
Chopra not arrested
Next day on February 3, the A.D.C. and S.S.P. reached Nakodar. The local leaders including Mr. Kuldip Singh Wadala MLA, and Baba Joginder Singh apprised the officers of the gravity of the situation and requested them to “at- least round up Romesh Chopra”. But the A.D.C. and S.S.P. “flatly” refused to touch Mr. Chopra due to reasons best known to them. Meanwhile Shiv Sena workers assembled at Nakodar from outside led by Mr. R.K. Jalota and Mr. S.K. Sarwal. There was no evidence of any official effort at curbing the entry of these outsiders. Nor any effort was made to stop them from raising provocative slogans or from marching during curfew hours with unsheathed swords.
Despite repeated requests from various quarters, the S.S.P. remained adamant and threatened, in presence of A.D.C., the leaders, saying, “| would not at any cost, apprehend Khan and. would tackle the situation with a firm hand by calling police re-enforcements from other Districts also” which further aggravated the already explosive situation.
On February 4, 1986, about 100 villagers were permitted to pass through the bazars escorted by the police and C.R.P.F. and allowed to join another assembly of Sikhs at Sherpur bridge despite the Curfew restrictions. This act of the administration provoked the Shiv Sena men, who led by Jalota, Sarwal and Chopra came out in the streets to make a show of their strength. Luckily no clash took place.
S.S.P. & A.D.C. – the game
Bonafide of the A.O.C. and S.S.P. are suspect, in so far as they permitted a Sikh Jatha to take out a procession through the bazars of the town. This Jatha should not have been allowed to enter the town and should have been diverted through the by-pass. Whatever the real intentions of the district administration the Committee cannot help observing that circumstances were so created, as to make a frontal clash inevitable. It is another thing that such a clash did not take place, to the good luck of the people of Nakodar and its surrounding area.
Unarmed devotees from ten villages, who wanted to visit Gurdwara and to see the burnt “Birs” for themselves, were encouraged by the Police to move to the outskirts of the town. When the devotees reached a place from where they could not safely escape or disperse, they were subjected to indiscriminate firing. It is a fact, that the firing was without warning, without resorting to Lathi-charge nor using the riot guns. However, only two or three tear gas shells were exploded, just before the firing, killing four persons and injuring many.
This tragedy could have been averted had the administration listened to the request of the devotees for allowing only five representatives to be escorted to the Gurdwara.
The trigger-happy Inspector, Jaskirat Singh, shot Harminder Singh with his service revolver from close range when the boy was taking shelter. It is a cold-blooded murder by a public servant supposed to be responsible for the protection of lives and liberty of the public.
The police firing on the order of S.P. (Operation) Ashwani Kumar Sharma, S.P. of C.R.P.F. even did not spare the two bullocks of poor Pritu Blamiki causing a loss of about Rs. 5000. Even a bullet mark on the wall inside his compound could be seen. The police ran amuck and continued chasing the fleeing people beyond two kilometers from the place of occurrence, beating them and firing upon them incessantly.
Excessive force used
The mental set up of the police force can be gauged from an instance wherein on February 4, one Swaran Singh s/o Sohan Singh of Sherpur village was severely beaten with rifle butts and lathis when he was giving water to an injured person. He showed us his back and limbs which carried many criss-cross lashes of lathi blows. His H.M.T. watch was taken away by a Sikh Policeman. He was arrested and thrown in a vehicle to be put in the lock- up. Neither he was not given any medical aid nor was he produced in any Court till his release on February 6 after 9.00 p.m.
There is another instance wherein an old Akali worker Roshan Singh of Mehmonwal was beaten so recklessly when the police ran amuck that his legs and arms got multiple fractures. Roshan Singh was travelling by his Scooter No. PAJ-6923 near Hussainpur more than two kilometers away from the occurrence when he was given a thrashing and his scooter was taken away by the Police. It was revealed that this man was beaten up because he had an altercation with Surjit Singh, S.P. (D) a day earlier when he none the police for conniving with the culprits of the sacrilege of the Holy ranth.
The role of Local Administration i.e. S.D.M. and D.S.P. virtually eclipsed at 5.00 p.m. on 2.2.1986 when the A.D.C. and the S.S.P. took direct charge of the situation reaching Nakodar, following a telephone message from the S.D.M.
When the situation became tense in the evening, the S.D.M. suggested to the A.D.C. and the S.S.P. to round up the suspect, Mr. Romesh Chopra, to defuse the situation. But the suggestion was rejected. Thereafter, the A.D.C. and the S.S.P. took command of the situation.
The S.D.M. revealed that he received a telephone message from Mr. Balwant Singh, the Finance Minister; when he was sitting with the S.P. (D) Surjit Singh at the police station asking him to hand over the dead bodies to their relatives. The S.D.M. replied that the police was reluctant to do so and he may talk to S.P. (D) who was sitting next to him. But the Minister refused to talk to the Police. The S.D.M. further revealed that the A.D.C. and the S.S.P remained in constant touch with Chandigarh. He also disclosed that three dead bodies had been identified by the February 4 night.
Despite the identification of the dead bodies, the administration did not hand over bodies to their relatives. The dead bodies were cremated by the Administration as “unidentified and unclaimed”. Even the post-mortem examination was conducted at midnight.
