Our enquires made at various quarters ranging from the affected
localities to army sources led us to two questions. First, why was there
a delay in calling out the troops? Second, even when the army was called
in, why were they not effective in imposing a curfew and curbing the
violence?
The authorities at the top, including the four Ministers and senior
officials of the Delhi Administration were repeatedly informed about the
exact situation in the city and its outskirts from the evening of
October 31st. prominent citizens, VIP's and members of the Opposition
parties and people from affected localities both phoned and personally
went and informed these authorities. Yet during seven valuable hours,
between the time of the assassination and the time of the news of the
death was made public, no security measures were taken.
As a senior government servant put it there are standing instructions on
dealing with such situations. The SP and DC's have powers under the
Criminal Procedure Code (Section 130-131) to call in the armed forces
in aid to civil power. Further, the para-military troops, including the
Delhi Armed Force CRPF are always available for such a situation.
According to our information one brigade was available at Delhi which
could have been requisitioned immediately.
Who Can Call In The Army?
Section 130. Use of armed forces to disperse assembly.
-
If any such assembly cannot be otherwise dispersed, and if it is
necessary for the public security that it should be dispersed, the
Executive Magistrate of the highest rank who is present may cause it to
be dispersed by the armed forces.
-
Such Magistrate may require any officer in command of any group of
persons belonging to the armed forces to disperse the assembly with the
help of the armed forces under his command, and to arrest and confine
such persons forming part of it as the Magistrate may direct, or as it
may be necessary to arrest and confine in order to disperse the assembly
or to have them punished according to law.
-
Every such officer of the armed forces shall obey such requisition
in such manner as he thinks fit, but in so doing he shall use as little
force, and do as little injury to person and property, as may be
consistent with dispersing the assembly and arresting and detaining such
persons.
Section 131. Power of certain armed forces officers to disperse
assembly. When the public security is manifestly endangered by any such
assembly and no Executive Magistrate can be communicated with, any
commissioned or gazetted officer of the armed forces under his command,
and many arrest and confine any person forming part of it, in order to
disperse such assembly or that they may be punished according to law;
but if, while he is acting under this section, it becomes practicable
for him to communicate with an Executive Magistrate, he shall do so, and
shall thenceforward obey the instructions of the Magistrate, as to
whether he shall or shall not continue such action.
- The Code of Criminal Procedure, 1973
The troops were alerted on the afternoon of the 31st. This means that
within a few hours brigades from Meerut and Agra could have arrived at
Delhi by the night of the 31st. As senior army officers put it, it is
not the numerical strength of troops that is the crucial factor for
imposing curfew. The crucial factor is clarity of intent and firm and
clear instructions.
Despite announcements in the papers, AIR and
Doordarshan about shoot at sight orders and imposition of curfew the
troops were left without specific information from the police on the
exact locations of the riots. No joint control from was set up.
In contrast, only a few days later, the authorities
did not find any difficulty in moving a full brigade of the Indian Army
consisting of 3000 men and another 1000 personnel from the Navy and the
Air Force to line up the route if Mrs. Gandhi's funeral. The procedure
to call in troops is simple. The Lt. Governor has to inform the Home
Minister (Mr. Narasimha Rao) of the law and order situation and the
later informs the Defence Minister (the Prime Minister Rajiv Gandhi was
holding this portfolio) who gets in touch with the Army to call in the
troops.
An essential ingredient for successful joint army -
civilian administration operation is the setting up of a joint control
room. During 1947 riots, when Lord Mountbatten was requested by
Jawaharlal Nehru to control the communal situation, the former set up a
joint control room at Rashtrapati Bhavan in order to coordinate the
efforts of the civil administration and the armed forces. This precedent
was quoted to Narasimha Rao - by an elderly resident of Delhi, who is
well-versed in army operations.
Yet from October 31 to November 4 (the peak period of
the riots which according to old timers were reminiscent of the 1947
riots in Delhi) no effort was made to set up a joint control room. The
Commissioner of Police was operating from his office at ITO Police
headquarters. The Army area commander was at the Dhaula Kuan cantonment,
and the Lt. Governor was at Raj Nivas. As a result, even after the
deployment of troops, army people constantly complained about lack of
information and cooperation from the police regarding the areas of
tension. Even with the imposition of curfew, there were no authorities
to implement it. An army major complained to a Delhi news reporter on
November 4 that his men were not only getting no cooperation from the
Shakarpur police station, but were often being deliberately misled by
the police. The same reporter during a tour of the city of November 2,
came across army personnel ranging from JCOs to majors, roaming around
pathetically, after having lost touch either with headquarters or with
their formations.
Army officers complained that they were not provided
with scouts by the police to lead them to the trouble spots. In one
instance a major who was asking for directions was carrying a map dated
1974, where the resettlement colonies (where the violence reached its
peak during the period under survey) did not figure.
One army source told our team members that the
deployment of troops followed a strange pattern. They were deployed by
the civil authorities in stages, and in almost every case they were
deployed after houses in the trouble spots had been burnt to cinders and
the massacre was over. This explains the limited number of army figures
(12) and causalities from army firings (2 deaths and 4 injured) during
the entire period. (re: Major Gen. J.S. Jamwal's statement of November
7, Indian Express November 8) The deployment reached full strength only
after the 3,000 troops and vehicles reserved for the funeral were made
available to curb the violence.
The entire nature of using the army as revealed from
the above sequence of events compels us to suspect whether or not a
deliberate design to keep the army ineffective even after it was called
in - and that too following a long interval during which the arson,
looting and massacre were allowed to continue sometimes with the direct
connivance of the local police Force.
Whatever might have been the motive for such a
curious manner of utilising the army and whoever might have been
responsible for reducing it to an important observer, the effects of
such a policy have been quite disastrous for the morale of the army.
Every army person we talked to expressed anger over the way that the
army's authority was being undermined. The 6th report of the National
Police Commission has stated: "We note with concern the growing tendency
on the part of the district authorities to seek instructions from higher
quarters where none are necessary." It appears that the civilian
administrators in Delhi although armed adequately with powers under the
law to use the army to suppress disturbances, did not care to use those
powers. The omission stands out in sharp contrast with their use of the
army in coping with Hindu-Muslim riots or insurgency in the north-east.
The question that needs to be probed into is: why did
the civil administration betray a set pattern of acts of omission,
marked by a consistent failure to take steps against erring policemen
and a stubborn refusal to deploy the army properly? Further an analysis
of the role of the army during the period under survey leaves us with a
few questions that need to be answered by the people in positions of
authority. According to the procedure laid down under the law, the Lt.
Governor can request the Home Minister who in turn can ask the Defence
Minister for army deployment. On October 31, the new cabinet had already
been sworn in with Prime Minister Rajiv Gandhi himself in charge of
Defence and Narasimha Rao, as the Home Minister. We want to know
whether, with the growing deterioration in the law and order situation
in Delhi, when by November 1 the local police machinery had proved its
failure to control the situation - either through negligence or
connivance with the rioters - the Lt. Governor requested the Home
Ministry for army aid. Even if he did not was it not his responsibility
to deploy the army as soon as he realised that the police bad failed
(which was quite evident by November 1)? By removing a few civilian
administrators (like Mr. Gavai) or police officers (like the Delhi
Police Commissioner, Mr. Subhash Tandon) how can the government at the
centre absolve itself if the blame of neglecting its obligations to the
citizens and its responsibility to maintain law and order - and this, in
spite of several warnings to the effect that a Hindu-Sikh riot bound to
take place?
The experience of our team members gives rise to the
suspicion that both the administration and the Cabinet might have
abdicated their responsibility and that extra-administrative forces were
steering the deployment and operation of troops. On November 3, a group
of concerned citizens visited Trilokpuri where they were requested by
panic-stricken survivors of a widespread holocaust (described later) to
intervene on their behalf and seek army protection. They tried to get in
touch with various people both in the administration and the Cabinet to
convey to them the request of the Trilokpuri victims. No one was
available, either in their offices or homes.
Hoping that Opposition MPs might have a better access
to the authorises the group approached Mr. Biju Patnaik, Mr. George
Fernandes, Mr. Chandra Shekhar and Mr. Madhu Dandavate among others -
all of whom told them that their repeated attempts to contact Ministers
and officials have yielded no results. In a final desperate move
accompanied by Mr. Dandavate, they went to 1, safdarjung Road, the Prime
Minister's official residence, and managed to meet a Congress (I) MP -
Mr. Arun Nehru. When the group conveyed to him the request of the
Trilokpuri residents, he said that he would sent a "wireless message"
for army deployment. Only after this, were troops sent to Trilokpuri -
but that also again merely for patrolling.
|