FIR 416/84 re registered by CBI as FIR No – RC SI 1 2005 S 024. One of the charges was Mob appearing near Gurudwara and indulging in Arson, Rioting and Looting etc. This presentation is on the Wrong Judgement made for Capt Bhagmal Singh in this case and this clearly proves how the court made a wrong decision
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Capt bhagmal Singh - Mob Attack Near Gurudwara Presentation
1. Capt Bhagmal Singh
FIR No – 416 / 84 re registered by CBI as
FIR No – RC SI 1 2005 S 024
Presentation on – Mob Attack near Gurudwara,
Raj Nagar, Palam Colony, New Delhi on Nov 01
1984 morning
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2. Capt Bhagmal Singh
Mob Attack Near Gurudwara on Nov 01 1984 Morning
Background
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Lieutenant Bhagmal Singh joined Royal Indian Navy in 1949. He served the country for 36
Long years with utmost loyalty, honesty and dedication. In 2009, he, at the age of 84
years, along with few other scapegoats were falsely charged and in April 2013, sentenced
to life imprisonment.
The case is full of false charges and contradictory statements.
Through these presentations we intent to highlight to all the abundant deficiencies,
inaccuracies and falsification of facts in the case and the injustice done.
In this presentation we present the charge of Rioting on Nov 01 1984 morning near
Gurudwara Raj Nagar, Palam Colony, New Delhi. India
By presenting this we wish to clearly prove the fact that charges against Capt Bhagmal
Singh have been falsely made. He has clearly been made a scapegoat.
3. Capt Bhagmal Singh
The Incident – Nov 01 1984 Morning
This case is based on the following incident that happened on Nov 01 1984
morning near Gurudwara, Raj Nagar, Palam Colony, New Delhi. India
(As per Deposition of PW 7 – Joginder Singh during Trial - On 01.07.2010)
“On 01.11.1984 at about 7.30 am I along with my Wife came out of Gurudwara and saw
that a huge mob was coming from Mehrauli Road side. I could identify Balwan Khokhar,
Kishan Khokhar, Mahender Yadav, Capt Bhagmal Singh, Raja Ram and Gulati from
amongst the mob.”
“……..About 20 -25 Sikhs including me, assembled together in front of Gurudwara. We
saw that mob had burnt the Gurudwara, Looted the house of Jasbir Singh….”
“Balwan Khokhar and Mahendar Yadav caught hold of Sardar Nirmal Singh…” Later he
was found to be killed by the Mob.
Many Sikhs were killed and PW 7 also identifies dead body of Avtar Singh, who used to
live in front of is house. In essence there was large scale violence, looting, killing and
burning near Gurudwara, Raj Nagar and many Sikhs families were affected
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
4. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Reference judgment dated 30.4.2013 passed by the Court of Sh. J.R. Aryan, District
and Sessions Judge, North-East District (in charge), Karkardooma Courts, Delhi in
S.C No. 26/10 (Unique Case ID No. 02402R0030202010) by which the District and
Sessions Judge convicted Capt Bhagmal Singh under Sections 147,148, 302 r/w 149
IPC along with other accused and sentenced him to undergo life imprisonment
“Charge of rioting when accused Balwan Khokhar, Kishan Khokhar, Mahender Yadav
and Capt Bhagmal had formed an unlawful assembly with an object of committing
offenses of rioting and damages to properties ..…….change stands proved”.
“Testimony of PW 7 is acceptable to the extent and effect of the rioting mob appeared
near Gurudwara on 01.11.1984 and accused of the present case namely Bhagmal,
Balwan Khokhar, Kishan Khokhar, and Mahender Yadav were part of the Rioting
mob…”
In essence the Judge meant that Capt Bhagmal Singh was part of the Rioting Mob
that had assembled in front of the Gurudwara, Raj Nagar, Palam Colony, New Delhi
on Nov 01 1984 morning. And that charge stands proved.
Judgement Passed in the case
5. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. Incidents related to Nov 01 1984 morning incidents.
2. Incidents in and around the Gurudwara, Raj Nagar, Palam Colony, New Delhi.
3. Witnesses state about events from 7 am till around noon time.
4. PW 7 – Joginder Singh is the main witness to this Mob. His wife was with him at
that time.
5. PW 10 – Nirpreet Kaur also states having seen the same mob
6. PW 12 – Manjit Singh – also mentions about attack on Gurudwara.
7. Gurudwara was attacked by Mob.
8. House was Jasbir Singh was looted and burned by the Mob.
9. Avtar Singh was killed by the Mob.
10.House of Nirmal Singh was attacked.
11.Many other Sikhs houses were also attacked in the same locality.
12.Note – around 25 Sikhs had also gathered and hence they were also witnesses to
this mob.
13.Being a very densely populated colony numerous neighbours were witness to the
incident too.
Quick Facts of the specific incidents
6. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. Incident of Looting of house of Jasbir Singh was tried as Special case No 28/93.
2. Incident of attack on Nirmal Singh was tried as Special Case No - 32/86
3. Incident of Killing of Avtar Singh was tried as Special case no – 10/86
4. Numerous complaints were filed by Sikhs of same locality during Nov 1984.
5. Numerous Affidavits / Statements were filed / given by Sikhs of same locality to
various commissions / committees.
6. Numerous Sikhs / Sikh Families of same locality were examined by various
commissions / committees
Quick Facts of the cases
7. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. PW 7 – Joginder Singh
2. Harjeet Kaur – Wife of Joginder Singh who was with him at that time.
3. PW 10 – Nirpreet Kaur
4. PW 12 – Manjit Singh
5. Sampuran Kaur.
6. Jasbir Singh
7. Raj Kumar – Examined by Jain Agarwal Committee
8. Mohan Singh – Examined by Riot Cell subsequent to Jain Agarwal Committee
recommendation.
9. Family of Avtar Singh
10.25 Sikhs who had gathered and resisted the mob
11.Families of the 25 Sikhs; as there would be some mention of some name
somewhere.
12.Numerous Neighbours in this densely populated area
Witnesses to the incident
8. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. PW 7 – Joginder Singh
2. Harjeet Kaur – Wife of Joginder Singh who was with him at that time.
3. PW 10 – Nirpreet Kaur
4. PW 12 – Manjit Singh
5. Sampuran Kaur.
6. Jasbir Singh
7. Raj Kumar
8. Mohan Singh
9. Family of Avtar Singh
10.25 Sikhs who had gathered and resisted the mob
11.Families of the 25 Sikhs; as there would be some mention somewhere.
12.Numerous Neighbours in this densely populated area
THERE IS NOT A SINGLE POLICE COMPLAINT IN 1984, AT THE EARLIEST TIME,
FROM ANY OF THE ABOVE WITNESSES OR FROM ANY SIKH FAMILY LIVING
NEAR GURUDWARA NAMING CAPT BHAGMAL SINGH.
Not a Single Complaint to Police from Sikhs residing in Gurudwara locality
had name of Capt Bhagmal Singh.
Witnesses to the incident – WRT Police Complaints
9. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. PW 7 – Joginder Singh
2. Harjeet Kaur – Wife of Joginder Singh who was with him at that time.
3. PW 10 – Nirpreet Kaur
4. PW 12 – Manjit Singh
5. Sampuran Kaur.
6. Jasbir Singh
7. Raj Kumar
8. Mohan Singh
9. Family of Avtar Singh
10.25 Sikhs who had gathered and resisted the mob
11.Families of the 25 Sikhs; as there would be some mention somewhere.
12.Numerous Neighbours in this densely populated area
THERE IS NOT A SINGLE AFFIDAVIT SUBMITTED TO ANY COMMISSION /
COMMITTEE (Except PW 7), FROM ANY OF THE ABOVE WITNESSES OR FROM
ANY SIKH FAMILY LIVING NEAR GURUDWARA NAMING CAPT BHAGMAL SINGH.
Not a Single Affidavit to Various Commissions / Committees from Sikhs
residing in Gurudwara locality had name of Capt Bhagmal Singh.
Witnesses to the incident – WRT Affidavits Submitted to
Various Commissions / Committees
10. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
1. PW 7 – Joginder Singh
2. Harjeet Kaur – Wife of Joginder Singh who was with him at that time.
3. PW 10 – Nirpreet Kaur
4. PW 12 – Manjit Singh
5. Sampuran Kaur.
6. Jasbir Singh
7. Raj Kumar
8. Mohan Singh
9. Family of Avtar Singh
10.25 Sikhs who had gathered and resisted the mob
11.Families of the 25 Sikhs; as there would be some mention somewhere.
12.Numerous Neighbours in this densely populated area
THERE IS NOT A SINGLE WITNESS, FROM ANY OF THE ABOVE WITNESSES OR
FROM ANY SIKH FAMILY LIVING NEAR GURUDWARA EXAMINED BY ANY
COMMISSION / COMMITTEE NAMING CAPT BHAGMAL SINGH.
Not a Single Witness from Sikhs residing in Gurudwara locality examined by
Various Commissions / Committees had named Capt Bhagmal Singh.
Witnesses to the incident – WRT Statements before Various
Commissions / Committees
11. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Details of earlier Trials – FIR 416/84
1. Special Case no 10 / 86 – for the murder of Avtar Singh.
5 Persons were examined and their statements were recorded
CAPT BHAGMAL SINGH WAS NOT NAMED, NOT CHARGE SHEETED, NOT
ARRESTED IN THIS TRIAL. Not a single witness named Capt Bhagmal Singh.
2. Special Case no 32 / 86 – for the murder of Nirmal Singh.
7 Persons were examined and their statements were recorded, 4 culprits were named.
CAPT BHAGMAL SINGH WAS NOT NAMED, NOT CHARGE SHEETED, NOT
ARRESTED IN THIS TRIAL. Not a single witness named Capt Bhagmal Singh.
3. Special Case no 28 / 93 – for the Looting and burning of house of Jasbir Singh.
9 Persecution Witness were cited, 4 culprits were named.
CAPT BHAGMAL SINGH WAS NOT NAMED, NOT CHARGE SHEETED, NOT
ARRESTED IN THIS TRIAL. Not a single witness named Capt Bhagmal Singh.
12. Capt Bhagmal Singh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Details of earlier Trials – FIR 416/84
There were a total of 6 Trails which covered incidents related to FIR 416/84 in Palam
Colony. These are of the same locality and the same houses as mentioned by PW 7.
1. Special Case No – 10 / 86
2. Special Case No – 11 / 86
3. Special Case No – 31 / 86
4. Special Case No – 32 / 86
5. Special Case No – 32 / 86
6. Special Case No – 28 / 93
Some Important Facts
1. IO Carried out Investigation and made local enquiries.
2. Around 42 Witnesses were cited.
3. 6 separate challans were prepared against 15 persons.
4. All culprits were arrested and charge sheeted.
CAPT BHAGMAL SINGH WAS NEVER POINTED OUT, NEVER NAMED AS A
CULPRIT, NEVER CHARGE SHEETED, NEVER ARRESTED, NEVER NAMED AS A
ACTIVE MEMBER OF ANY RIOTING MOB AND NEVER TRIED, IN ANY OF THE 6
CASES THAT WERE TRIED AT THE EARLIEST POINT IN TIME.
13. Capt Bhagmal Singh
CBI Investigation
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S.No Witness Name Statement Comments
1 Joginder Singh He names Capt Bhagmal Singh to be part of the
mob that appears near Gurudwara
2 Harjeet Kaur She is with Husband when they BOTH are seeing
Mob. She Does NOT name Capt Bhagmal Singh.
Dropped by CBI
3 Nirpreet Kaur She does Not name Capt Bhagmal Singh in the
mob that appears at 7 am
4 Sampuran Kaur Does Not name Capt Bhagmal Singh Dropped by CBI
5 Manjit Singh Does Not name Capt Bhagmal Singh
6 Jasbir Singh Never contacted by CBI. He has never mentioned
name of Capt Bhagmal Singh
Never tried to
examine
7 Raj Kumar Never contacted by CBI. He has never mentioned
name of Capt Bhagmal Singh.
Never tried to
examine
8 Mohan Singh Never contacted by CBI. He has never mentioned
name of Capt Bhagmal Singh.
Never tried to
examine
9 Dalijit Kaur Never contacted by CBI. She has never mentioned
name of Capt Bhagmal Singh.
Never tried to
examine
Mob Attack Near Gurudwara on Nov 01 1984 Morning
14. Capt Bhagmal Singh
CBI Investigation
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Some Important Facts
1. PW 7 sees the Mob but he himself is not attacked or killed. He is alive.
2. PW 7 states attacks on other Sikhs.
3. These Other Sikhs are the actual Victims and they / their families are true
witnesses to the actions of the Mob described by PW 7.
4. CBI examines PW 7 who himself was not attacked.
5. CBI DOES NOT examine the Sikhs / Families of Sikhs who were attacked.
6. CBI examines PW 7 who states about attack on Jasbir Singh house.
7. CBI DOES NOT examine Jasbir Singh whose house was actually looted.
8. PW 7 names Capt Bhagmal Singh, but the person whose house was looted, Jasbir
Singh does not name Capt Bhagmal Singh. CBI does not bother about this.
9. PW 7 names Capt Bhagmal Singh, but the person who was killed by the mob –
Avtar Singh, his family does not name Capt Bhagmal Singh. CBI does not bother
about this. CBI does not examine them too.
10.PW 7 names Capt Bhagmal Singh, but the person who was killed by the mob –
Nirmal Singh, his family does not name Capt Bhagmal Singh. Sampuran Kaur his
wife, names others, but never Capt Bhagmal Singh CBI does not bother about this.
15. Capt Bhagmal Singh
CBI Investigation
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
CBI Strategy –
1. Drop the witnesses who don’t name Capt Bhagmal Singh – Ex- Harjeet Kaur and
Sampuran Kaur.
2. Don’t Examine the other Witnesses who actually were the victims of the Mob
Attack – Ex- Jasbir Singh and Avtar Singh family. None of those families name
Capt Bhagmal Singh although other accused have been mentioned.
3. No Neighbour has been examined in this densely populated colony when there
could be many many numbers of people watching.
4. Numerous Sikh families were given shelter by Hindu neighbours. Key witness in
whose homes Witnesses had taken shelter have either not been examined or
Dropped by CBI. These were families who had heard true accounts from the
witnesses and are aware of the complete facts of the case. None of them are
naming Capt Bhagmal Singh.
16. Capt Bhagmal Singh
PW 7 – Witness Quality
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Quality of the Witness PW 7 – Joginder Singh–
1. He has not given any complaint to the Police.
2. There have been around 10 committees / commissions constituted by Govt of
India to enquire about 84 Sikh Riots
3. He has not submitted any affidavit to any Committee or Commission.
4. He has never appeared before any committee or commission.
5. Even the single affidavit he has submitted – according to him – “Some students of
Khalsa college came and took notes”. When he signed he was not even aware
about Ranganath Mishra Commission. He did not even know contents of the
affidavit submitted by him.
6. The first statement or complaint or affidavit was this affidavit of Sep 07 1985
submitted after a long gap of 10 months from the incident after consultation and
manipulation where he names the accused for the first time.
17. Capt Bhagmal Singh
PW 7 – Witness Quality
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Quality of the Witness PW 7 – Joginder Singh–
The court believed on the statement of PW 7 that there was a mob which he saw that
appeared on Nov 01 1984 at around 7 am and hence finds the accused guilty. The
court failed to appreciate the huge contradictions and lies in each statements and the
constant improvement PW 7 has made in his statements.
1. In his first affidavit dated Sep 07 1985 he does not state that HE SAW the mob. It
is not stated from where he saw. There is just a hearsay statement that Mob
appeared at 7 am. Nothing is mentioned how he saw and from where.
2. In the second statement on 04.09.2007 to CBI he improves the statement. “On
1.11.1984 in the morning for regular prayers I along with other Sikhs had gathered
at the Gurudwara. When we came out of the Gurudwara. We saw a mob of about
2000 persons". No mention of wife here.
3. His Wife then records a statement with CBI on 23.10.2007 wherein she states –
“On 1-11.84 in the morning I along with my husband had gone to the Gurudwara.
After morning prayers when we came out of Gurudwara, we saw a mob….”
4. Seeing this he further changes and improves his statement – on 24.11.2008 in his
164 CrPC Statement he completely changes his statement and now states - "Me
and my wife Harjeet Kaur on 1.11.1984 morning around 7.30 am had come out of
Gurudwara and were going to our house, then we saw a mob coming to our side".
18. Capt Bhagmal Singh
PW 7 – Witness Quality
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Quality of the Witness PW 7 – Joginder Singh–
About his affidavit submitted to DC office, which was later sent to Ranganath
Mishra Commission - he states during trial
1. “I do not know the contents of the affidavit - Ex PW 7/A.
2. I was not aware about Mishra Commission at the time of signing the affidavit.
3. I have gone through the affidavit. Some of the facts are totally missing and some of
the facts are not in sequence.”
About his CBI Statement - he states during trail
1. “Now I have come to know that 2-3 things were incorrectly recorded in my
statement.”
2. “It is incorrectly recorded in CBI statement that - I identify the contents of PW 7/A
and confirm the same to be correct".
3. “The statement made to CBI that on 03.11.1984 i had gone to my Father-in-law is
not correct. My statement made in court is correct". In Court he states that Baldev
raj Khanna had visited house of Father-in-law and not him.
There are many more major discrepancies, contradictions and lies told by PW 7
19. Capt Bhagmal Singh
Summary
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
Court finds that Capt Bhagmal Singh was part of the Rioting Mob which assembled
near Gurudwara on Nov 01 1984 morning.
There was mob as stated by PW 7 and this mob then indulged in arson, rioting, killing
and looting.
Around 25 Sikhs saw this. Their families too saw this. Wife of PW 7 also saw the mob.
Each individual Sikh family where the mob went and indulged in looting, burning and
killing are witnesses to this. Obviously neighbours in this tightly knit, very thickly
populated colony would have also seen the Mob.
There was a full fledged case for Looting of House of Jasbir Singh and Death of Avtar
Singh. PW 7 has specifically stated that these 2 incidents as well as many others are
the result of attack by the same mob. However, none of these 25 Sikhs (or families)
name Capt Bhagmal Singh, Jasbir Singh does not name Capt Bhagmal Singh, Family
of Avtar Singh does not name Capt Bhagmal Singh.
In none of the Police complaints by so many Sikhs for attacks near Gurudwara name
of Capt Bhagmal Singh is there.
Continued …..
20. Capt Bhagmal Singh
Summary
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
There is not a Single full fledged trial case where name of Capt Bhagmal Singh is
there.
When not even a Single Sikh family nor a Single Neighbour is naming Capt Bhagmal
Singh either for being part of a mob or for burning, or for killing or for any kind of
criminal activity then why should he be sentenced based on a single hearsay
statement of PW 7.
If he indeed was present in the mob and has indeed indulged in some criminal activity
his name would have definitely come up somewhere.
CBI dropped key witnesses who were present at that time, who have not named Capt
Bhagmal Singh.
Key witnesses whose houses were actually attacked by the same mob have not been
examined by the CBI at all.
All this leads to a very unfair investigation, trial and a totally wrong Judgement.
21. Capt Bhagmal Singh
Conclusion
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Mob Attack Near Gurudwara on Nov 01 1984 Morning
As can be seen from the very brief presentation based on very broad facts there is no
evidence against Capt Bhagmal Singh that he indeed was part of the mob.
Capt Bhagmal Singh was totally, falsely charged and sentenced without going into the
true facts of the case and looking at the matter from a holistic and broad and complete
picture.
Just based on the hearsay, motivated and false statement of a solitary witness, court
has made a wrong judgement and passed a wrong order. Just on the basis of a
Solitary statement / Single uncorroborated Witness who made the first statement after
undue delay and manipulation and consultation and has constantly been changing his
statements and constantly improving his statements Capt Bhagmal Singh has been
wrongly sentenced.
It is indeed tragic that a person who was totally committed towards serving the country
and served the nation with utmost honesty, loyalty and dedication for 36 years has
been wronged so much by this totally wrong judgement.
22. Capt Bhagmal Singh
Thank You for reading this material and
participating in our fight for justice for
Capt Bhagmal Singh.
www.facebook.com/captbhagmalsingh
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Mob Attack Near Gurudwara on Nov 01 1984 Morning