V. Annexures : The Evidence

Annexure 1

Copy of complaint lodged by S. Iqbal Singh Bhatia. ex-S.N.C.O. (LAF ), on basis of which, case F I.R No. 290 dated 18.9.88 u/s 147/148/149/307/436 IP C was registered at Police Station, Gandhi Ganj, Bidar.

 Sir,

In the I ght of the recent violence that broke out in the city around 14th September 1988, 1 wish to bring the following facts to your notice.

I am an ex-serviceman, having retired from Air Force in 1983. I am settled at Bidar along with my family members. I started business in cloth at my residence to earn my livelihood, The business was fairly good for my resources and it picked up gradually. Before this incident, I had a stock of woollen shirtings, suit ngs, sarees, blouse pieces ete. with around Rs 1 lakh.

On 15.9.88 at about 6 P.M, 5-6 youths came running towards my house with bottles and tins in their hands. After seeing me, they suddenly stopped and kept the bottles and tins by the side lencing opposite my house. I got suspicious and enquired above the matter. They gave a vague reply and vanished. I can identify them by face as they belong to my locality.

Thereafter, at about 6.30 P. M., four goondas came on motor cycles and passed in front of my house threatening that my life is not safe now and my property will be burnt. After that, at 9 P. M. about 20 goondas came to my house with knives, rods, sticks and gathered in front of my house. I was taken aback as by that time, they started beating me indiscriminately. My family members shouted for help neighbors came outside to rescue me great shock when I saw the police jeep near mu house making some pronouncements. I requested the police to take us to safety and they shifted us to the gurdwara. I locked the outer door of my house.

On 16.9.88 I noticed the houses burning and looted. So I decided to have a look at my house and property. When I reached my house under police escort, I saw the window and main portion broken. The household articles were still safe. After relocking the door, I returned to the gurdwara.

In the afternoon, at about 1 P_M., I found some smoke coming from my house and reported the same to the Superintend of Police, Bidar, who was standing at the gurdwara counter.

On the next day, i.e. on 17.9.8, I requested the police officers available at the gurdwara to show me the condition of my house. The police escorted me to my house where I found that all property was damaged and looted. Nothing was available in the house except the burnt items.

The list of property mentioned below was burnt and damaged:

  1. Household articles including kitchen, drawing rooms, worth about Rs. 2 lakh.
  2. T. V. set, dining table and chairs, 4 folding chairs with red nylon straps, one T.V S. 50 No. MYI-7529 model 1986, color Navy blue, one cycle Hero in green color, all about Rs 20 000.
  3. Three steel boxes containing sarees, readymade clothes, suits and woollen sweaters, coat pants—in all about Rs. 20,000.

4.Three suitcases including a V. I. P. of blue colour, one Aristocrat of Black colour and one U.S.A. made Brown and Khaki, in all, worth Rs. 20,000.

5.Beddings, blankets, bed sheets, pillows, in all Rs. 8,000.

6.A shop-cum-room containing suitings and  shirting’s, Pants, sarees, blouses and pieces, lady suitings, ready- made garments, woollen sweaters ete. in all Rs 1000.

7.Gold ornaments of Rs. 30,000 details will be furnished after a few days after ascertaining from my wife.

8.Three wrist watches, one Yarapa made in Japan, one S. type watch (time piece) in all Rs. 4000.

  1. Net cash of Rs. 15,000.
  2. Two gas cylinders H. P. with 2 stoves ‘Niky Tasha’ and super flame, nickle plated, worth Rs. 4000.

11.Three grinder mixtures, National mark. Two used and one was newly kept worth Rs. 1500.

  1. One pressure cooker of Prestige company of 10 litre capacity of Rs. 500/-
  2. One ceiling fan, two table fans and one sofa set with three pieces, in all Rs. 3500,
  3. One water filter, Majestic casting, worth Rs. 500.
  4. Cooler Majestic worth Rs. 330/-

16.Sewing machine Usha, books, shoes, school items, in all worth Rs. 10,000. The house is situated at K.H.B. Colony, Bidar bearing L. IG. No. (6) near the West Jail border.

I request to please register my case immediately. The estimated loss is of Rs. 4 lakhs. I also request you to compensate me for the loss caused. Please do the needful. I am ex-Air Force i. e. S.N.C.O. of LA.F. and I have served the department for twenty years, My documents have been burnt totally.

Thanking you,

Yours faithfully (Iqbal Singh Bhatiay

Annexure 2

The text of the letter Mr Joga Singh, President of Gurdwara jhira Sabib Management Committee wrote to the S.P., Bidar District on 3.10.1987 on the eve of Bidar Bandh of October 1987.

 To

The Superintendent of Police,

District-Bidar,

Sub : Providing protection + the property of Guru Nanak Dev Engineering College, Bidar, Guru Nanak Dev Polytechnic, Bidar & security to the members of the Sikh community during the proposed ‘Bidar Bandh” on 7th October, 1987.

Respected Sir,

In continuation of our letter No. GNJ/Bidar/87 dated 26th September, 1987, addressed to the Deputy Commissioner and additional District Magistrate, Bidar, and copy endorsed to you, I am bringing the following facts to your kind notice.

It is reliably learnt that as sequence of the meeting held on 28th September, 1987, there is going to be “Bidar Bandh” on 7th October, 1987. It is also learnt that on this date some un-social elements have plans to damage the property of Guru Nanak Dev Engineering College, Bidar and Guru Nanak Dev Polytechnic, Bidar and also to harm the persons belonging to Sikh community.

As such, we request you, sir, to kindly make necessary police “‘bando-bast” to protect the property of Guru Nanak Dev Engineering College, Bidar, Guru Nanak Dev Polytechnic, Bidar, Guru Nanak Public School, Bidar and the other properties of Sikh community in Bidar like Punjab Restaurant and Guru Nanak Dev Medical Stores etc. and also to provide security to the students of Guru Nanak Dev Engineering College, Bidar residing in various localities in Bidar and to the other members of the Sikh community.

Thanking you,

Yours faithfully,

(JOGA SINGH)

President

 Annexure 3

Dr M.S. Sukbija, Principal of Guru Nanak Dev Engineering College, Bidar, made the following statement to the P.H. R. O. team:

On September 14, 1988, at 11.00 P.M. I received a telephone call from the gurdwara secretary, S. Khusbhal Singh who told me that three students of the College had fled their houses in Badar Uddin Colony (Gandhi Ganj area) because some local ‘gundas’ were stoning their houses. Immediately the three students along with the Gurdwara Security Officer were sent to lodge a complaint at the Gandhi Ganj Police Station. After one hour I again got the news that another 20.

students from the area had come to the Gurdwara and they also Informed that stoning, arson and looting was on in the above named colony.

On September 15, 1988, I reached the gurdwara around 800A M where [was again told by the students that people had gathered in the Gandhi Ganj area and were beating our students. I rang the S.P Bidar, inform him about the incidents and requested for an immediate personal meeting with him. He replied that he was aware of the incidents and had sent the police to control the situation.

  1. Khusbhal Singh, Prof. S.S. Ahulwalia and I then proceeded to S P.’s residence to meet him. We had just entered the gate of his residence when we met the S. P. coming out in a jeep. The S.P. told me to come with him since there was trouble in the Engineering College.

When the S. P and I reached the College, a few students were going towards the Badar Uddin Colony and from there they wanted to proceed to the Gurdwara. On the advice of the S. P. I persuaded them to go back to the College. About half an hour later the S. P. left the place after posting a D S.P. along with two sections and asking me no ‘to let the students come out of the college campus The D.S. P. after about 45 minutes told me that the S. P had called me and had sent a jeep to meet him. On the way I met the S. P. coming in his car, who asked me where I was going. When I told him that he had called me, his reply was in the negative and he once again asked me to come along with him.

During my absence the students again came out of the college campus. The S P asked me to take the students inside failing which he would open fire. I persuaded the students to go back to the college. Once again the S. P. left the college area instructing his D. S. P. to open fire if any student came out of the college.

While the students were inside the college a mob of 25 to 30 persons first started stoning and then demolishing a portion of the boundary wall in the presence of the police. My repeated requests to the D.S P. to take action were of no avail. After breaking the boundary wall the mob entered. The college campus accompanied by the police personnel and started stoning the buildings and the students, when the students rushed to chase away the mob the police threw teargas shells at them and fired three times in the air while facing the students. This continued for nearly one hour.

After that the mob withdrew and diverted its attention to looting and setting on fire the houses of the students. That the police was present when the mob was indulging in looting and arson could be seen from the rooftops of the buildings with in the college campus.

Around 5,00 P.M. when the mob had done its work and gone away I made several efforts to request the D.S. P. to make arrangements to shift us to the gurdwara, without any success. Until 6.45 P.M., when received a call from the gurdwara that the D. I. G., Gulbarga, had arrived and arrangements were being made to shift the students to the gurdwara, there was no hope and we feared another mob attack at night.

Thanks to the D. I. G. who not only shifted the students in three trips (eight bus loads), but was personally accompanying each convoy of buses to the gurdwara. The work of shifting the students was completed at 11.30 P. M. on September 15, 1988.

On my return to the gurdwara in the presence of S, Khusbhal Singh, Prof. S.S. Walia and D. 1. G. we asked the S.P. whether there were any of our students in the custody of the police. The S. P. said, “Take my word for it there is no student of yours in Police custody.’ After one hour the D.I.G. came to the gurdwara with forty-one injured students in a police van and said, “These students were in police custody. I am sorry.”

Annexure 4

The text of a letter written by Karnataka Government regarding controversy about starting a medical college at Bidar and elsewhere:

Translation from Kannada to English

Government of Karnataka

No. HFW/82. MME 37 (4)

Government of Karnataka

Sachivalaya-2,

Multi Storeyed Building.

1st Floor, Bangalore.

Dated : 18-7-88

To

The Secretary to Government, Health and Family Welfare Department,

BANGALORE.

To

The Registrar,

Gulbarga University,

GULBARGA.

Sub: Proposals received from the University for starting of new medical college for academic year 1988-89—reg.

Ref. 1—Your Ir. No. GUG: ACA: Afiln. 87-88 : 121 date 7-4-88

         2–               “                         “                    120            “

         3–              “                        “                    118               “

         4–             “                         “                      117              “

         5–              “                         “                    116              “

         6–              “                         “                     115               “

         7–               “                         “                    114              “

         8–               “                            “                 113             “

Sir,

With reference to the above subject, the proposals for affiliation to starting of Medical College from the academic year 1988-89 is rejected as per the Karnataka University Act, 1976 Section 53 (5).

I am directed to inform you the above Government decision.

1) Academy of Medical Education, Raicbur,

2) Vasavi Education Trust. Raichur.

3) Satabheshwar Vidyapeetha, Bellary 6h Ward, Bandi Mosu, Bellary.

4) Khaja Education Society, Gulbarga.

5) Sri Nanak Jbira Saheb Foundation, Bidar.

6) Rasbtriya Rachanatmak Karya Samithi, Bida

7) Karnataka Rasbtriya Education Society, Bidar.

8) Kappyakaparameshwari Education Society, Bidar.

Yours faithfully, Sd/-

(Bhawani Dattu)

Under Secretary to Government,

Health and Family Welfare Department.

Copy to:

  1. The Director, Medical Education, Bangalore.
  2. The Presidents of the above mentioned Societies.
  3. Branch Defense copy.

 Annexure 5

Translation of a band bill published by Narain Rao Manballi, ex-BJ.P.,M.L.A and printed at the Standard Printers, Bidar.

Be it known to all the residents of Bidar District that Several educational institutions of Bidar district had applied to the Karnataka Government for permission to open a medical college. But the State Government had already decided not to give permission for any new medical college, In spite of this decision, the State Government is planning to give permission to S. Joga Singh for opening a new medical college in Bidar. It is to be brought to the notice of the residents of district Bidar that Previously the State Government while allowing Joga Singh to open an Engineering College, had laid a condition that 80% of the total seats would be reserved for the local students, but he has, by ignoring the condition, enrolled students belonging to his community from outside the Karnataka State. Having obtained heavy donations from the outsiders, he bas done injustice to the Bidar students. He bas, under the above arrangement, brought Sikh students from outside to the Bidar College. That caused a great loss to the Bidar residents Now, by allowing a medical college to S. Joga Singh, it will

amount to making unsure the future of not only the district people but to the whole State

Bidar district is the most backward district amongst all the districts in Karnataka State.

The Chief Minister should have allowed a College to some local institution for people. The rich Joga Singh wants only to benefit and develop own community and now Mr. Hegde is contemplating to give permission to Joga Singh which is a great injustice to the Bidar people

who should ponder over it seriously.

You should know as to the number and percentage of local students admitted to the colleges run by Joga Singh and must think over the matter of Jonat ons and will it be possible for the locals to donate such heavy amounts for admissions, Friends,

We have been requesting the State Government through the press that in case the State Government wished to up left the local residents, it should not give permission for opening a medical college to S. Joga Sirgh or any outsider. But, the government, by ignoring all our pleas, is actively considering to allow S. Joga Singh to open the medical college, in an autocratic manner. By doing this, the State Government has challenged the manliness of the residents of Bidar district. The writing on the wall is now clear. “Tubb hum sabh ka kartuyva ho Jata hai, kik dikhain, hom kia hoin our kia naheen kar sokte, (Now, it is our duty to show our muscle power). When Mr Hedge, the Chief Minister, visits Bdar in the second week to October, we have to compel him not to permit the opening of the medical college in favor of S. Jogi Singh but it should be given to sonic local organization. All the citizens of the district are requested to denounce in-fighting and political affiliations and to raise one voice for the uplift and development of the district. In this connection, a meeting has been called for 27.9.88 to chalk out future course of action.

(Victory (o Karnataka)

Annexure 6

Statement of Shri Manak Rao Phulekar, Ex-M. L, A., Bidar.

These unfortunate incidents started from 14th September, 1988. On that particular night, an incident took place between Sikh and Hindu students. No doubt, the police intervened on that day but they should have anticipated trouble on 15th. On 15th again, there were disturbances but the police made the bando-bust at the Guru Nanak Engineering College and the Gurdwara complex to see that the Sikh students are prevented from coming out of the college and the gurdwara. But they did not take any action to prevent the Hindu youth from burning and looting the Sikh shops and the houses. Throughout the city there was no police at all when the city was being burnt and looted. Thus, the police failed entirely to control the situation.

On 16th when the Peace Committee meeting was being held, the Guru Nanak Polytechnic was being burned and looted and the police was a silent spectator to these incidents.

Annexure 7

Statement of Smt. Paryag Bai W/o Nagsbetty Raja (Lingayat), Age 55 years, r/o Akama Deve Colony, Bida

Six students were living in my house No. 99.45. One student named Devki bad leit the house on 15.9.8 at 10a. m. while another Sanjaya had left it 10-12 days earlier.

‘One of the resident students left on 15.9.88 at 10 a.m. to have petrol in his Motor cycle ‘Yamaha’ filled but on the way he was informed by my grandson Mahdev not to proceed further, as there was some trouble in the city. The boy returned to my house and requested me to save the students from mob fury.

In the evening, one Lebolappa on request of the 4 Sikh students took them towards Hyderabad by road. On his return, he told us that all the four students had been surrounded by the mob and be had come back due to fear. The four students did