Recommendations of the R. S. Narula Advisory Committee on the Nov. 1984 Killings
The Committee set up by Chief Minister, Delhi and headed by Sardar R.S. Narula, retired Chief Justice of Punjab and Haryana High Court, has submitted the following recommendations for government action.
The Jain Aggarwal Committee (consisting of Justice J.D. Jain, retired judge of Delhi High Court and Mr. D.K. Aggarwal, retired Director General of Police) has recommended registration and further action in 21 cases involving certain political leaders. Inspite of the fact that Lt. Governor of Delhi had accepted these recommendations long ago, the cases have not been registered so far. These cases are pending since mid 1992 for registration. These 21 cases may be registered immediately and necessary follow up action for investigation and filling of challans in appropriate courts be taken with a sense of urgency.
The Jain-Aggarwal Committee was appointed by the Lt. Governor of Delhi:
To examine whether there were cases of omission to register, or properly investigate, offences committed in Delhi during the period of riots from 31st October, 1984 to 7th November 1984:
To recommend to the Administrator, where necessary, for the registration of cases and their investigation
.To make suggestions to the Administrator where necessary, for the conduct of investigation and prosecution of cases.This committee has been prematurely wound up. It is recommended that this committee be revived to complete its unfinished task.
The Special Riots Cell constituted in Delhi Police to handle November 1984 cases be made more effective and should continue for the investigation and prosecution of these cases. It is particularly suggested that police officer of unquestioned integrity, of the rank of atleast DIG, be taken on deputation in Delhi Police and made incharge of this Special Cell.
All cases already recommended by Jain-Aggarwal Committee be registered immediately. The post registration investigation to enable the preparation and filing of the chargesheets in court may be got completed within a time bound programme.
The procedure adopted by Delhi Police of embarking on pre- registration inquiry with a view to decide whether to register the cases or not, is unwarranted by law and be stopped. All the cases should be first registered, and investigated thereafter, for filing the chargesheets in the court.
In case of murder charge against Mr. Sajjan Kumar and others on the complaint of Mrs. Anwar Kaur, the government of Delhi should take up the matter with CBI to drop the charge under section 153 A IPC and proceed with the murder case by filing the chargesheet under section 302 IPC etc. Prosecution of a serious charge of murder should not be held up any further.
Independent Special Prosecutors from the practising lawyers be appointed to handle the cases relating to November 1984 killings for different areas.
It has come to the notice of Advisory Committee that some accused in murder cases which have been registered, the accused named therein have not been arrested. It is the mandate of law that when a case of non-bailable offence is registered, the accused are arrested and produced before the Magistrate within 24 hours and then it is left, in the judicial discretion of the court, to proceed with them. The arrest of the accused in a non-bailable offence and, more particularly, in a serious connected with murder, is a must, and the investigating officer is duty bound to affect it. Wherever dereliction of duty of this nature has taken place, steps should be taken to remove it.
The Government may consider taking appropriate action against the concerned police officials who may be found to have failed in the discharge of their duties during Nov. 1984 carnage. The failure may be by acts of commission or omission. The allegations against police officials include;
- commission of serious offences, for which criminal cases have been registered or recommended to be registered against police officials;
- actively aided and abetted the commission of offences;
- connived at commission of serious offences;
- not taken immediate appropriate action, according to law, to prevent or stop the commission of offences;
- tampered with or fabricated the record in connection with the violence or cases connected therewith;
- issued directions contrary to the law with a view to help the offenders.
The government may consider taking appropriate action by departmental proceedings or otherwise to deal with the delinquent police officials, including suspension in appropriate cases, keeping in view the gravity of misconduct and other relevant factors.