Volume II
Introductory
The Commission examined the evidence police stationwise. In each police station jurisdiction, police officers and public witnesses have been examined. In all, there are 26 police jurisdictions which are covered by the evidence.
The Commission has also examined media persons, senior police officers and politicians.
A summary of the material before the Commission is presented in the following pages.
CHAPTER I
Police Station
1. Agripada Police Station
1.1 This is an area in which majority of residents are Hindus, but there are certain known pockets of Muslims. Communally sensitive areas which experienced previous communal trouble are Kalapani Junction, Sakhli Street, Junction of Meghraj Shetty Marg and Baburao Jagtap Marg, Tank Pakhadi Road, Hindustan Masjid, Sunder Galli, Tambit Naka, Paise Street, S–Bridge and Dhobighat.
1.2 On 7th December 1992, at about 1230 hours, trouble started near the Byculla Fire Brigade Station with an attack on the Mhasoba Mandir by a mob of Muslims. The Muslim mob damaged the temple and when this news spread, a Hindu mob collected near the Mhasoba Mandir and started throwing stones and other missiles at the Muslims who had gathered near Meghraj Street. The police intervened and resorted to firing to control the situation. The miscreants damaged not only the temple structure, but also the idol inside and ransacked the belongings of the temple’s priest who lived on the premises. On the same day, a Vithal Mandir situated on Meghraj Street was also damaged and the property of the priest living there was also ransacked. The property damage was estimated to be over a lakh of rupees.
1.3 At 2030 hours, on 7th December 1992, there were clashes between Hindu and Muslim mobs at Sundar Galli and Kalapani Junction. Stones were thrown by the miscreants from Patra Chawl side on B.J. Road.
1.4 On 8th December 1992 there were pitched battles between mobs of Hindus and Muslims in Tank Pakhadi, Transit Camp, Tambit Naka, Hindustan Masjid and Khatau Mill areas. During the melee one police officer, A.S. Sawant, was injured on his thigh by stone throwing and some of the miscreants in the Muslim mob attempted to snatch away the rifle of one of the constables. Police resorted to firing resulting in injuries to two persons.
1.5 During December 1992 the police registered six offences, out of which two pertained to the attack on the Mhasoba and Vithal Mandirs. The other four offences consisted of three attacks on Muslim properties and an attack on a rationing shop on 9th December 1992.
1.6 Trouble started in January 1993 with an incident of stabbing at Mominpura Patra Chawl at about 0100 hours on 7th January 1993 in which a Hindu was stabbed by unknown persons. At the same time, the news about incidents of stabbing, arson, and stone throwing occurring with alarming frequency in the adjoining jurisdictions of Dongri, Pydhonie, Nagpada and in Mahim heightened the communal tension in this area. The police managed to maintain an uneasy peace on 7th January 1993 and upto the evening of 8th January 1993.
1.7 From 2100 hours on 8th January 1993, riots erupted at BIT Chawls, Maulana Azad Road, Sakhli Street and Kalapani Junction. The trouble seems to have first erupted in BIT Chawls No. 12, 11, and 23. Though the police claim that the incident was one of a violent clash between armed mobs of Hindus and Muslims, the true picture seems to be different. According to the evidence of one of the Muslim victims, Mumtaz Rehman, the trouble in the BIT Chawls started at about 7.30 p.m. with the Hindu residents attacking Chawl No. 12 occupied by Muslims with stones, soda–water bottles and petrol bombs, shouting "Landyabhai ko maro", "Pakistan ko bhagao" and "Bara number me ghuso". Sixty–three out of the eighty tenements in Chawl No.12 are occupied by Muslims and the rest by Christians.
In the other BIT Chawls, the preponderant majority is of Hindus, though a few tenements are occupied by Muslims. When the stone throwing started, Mumtaz Rehman telephoned the Agripada Police Station to complain that the Muslim residents of BIT Chawl No.12 were being attacked by Hindus. The telephone was answered by an unidentified person in the police station who, on receiving the request for help, rudely replied, "Landybai Chup baitho, Abhi kuch nahi huva" and banged down the phone. Mumtaz then frantically phoned for help to some Muslim corporators of Janata Dal and some Muslim officers in the military. After about an hour or so, a police mobile came to BIT Chawl No. 2 with three constables and an officer. The main entrance of that chawl has a collapsible iron grill which had been shut and locked by the residents who feared for their lives. The police repeatedly rattled the collapsible iron grill, calling upon the residents of Chawl No.12 to open the lock.
According to Mumtaz, the Hindu miscreants in the surrounding chawls were standing around with swords and choppers in their hands. But instead of dealing with them, the police threatened the residents of Chawl No.12 that if they did not open the collapsible door they would be shot. By this time, some of the miscreants had cut off the telephone line, electricity line and water connection of Chawl No.12. There was also an attempt to set fire to Chawl No.12, which, according to Mumtaz, occurred in the presence of the police without the police taking any action. The miscreants set fire to two taxis and two motorcycles of Muslims, looted four gas cylinders from Muslim houses in Block No.11, kept them in front of Chawl No.12 and attempted to set fire to them. Major catastrophe was, however, avoided since the police took charge of and removed the gas cylinders.
The water, electricity and telephone lines were restored only on 9th January 1993 at about 1230 hrs, after the arrival of military personnel accompanied by plumbers. The police claim that the collapsible iron door had been connected to live electric wires as a result of which the police constable who attempted to open the collapsible door got an electric shock. The story appears apocryphal. Mumtaz says that the police were repeatedly rattling the collapsible door. The Senior Police Inspector’s evidence shows that no attempt was made to discover if the theory of electric current was true. As a matter of fact, at the material time the electric connection itself had been disrupted. Senior Police Inspector Tikam, says that he did not notice any electric wires connected to the collapsible iron shutter, nor did the police attempt to force open the said door.
A police picket was posted in front of Chawl No.12 and in the morning at about 6 a.m. the police managed to enter the building from a side entrance. This time the police were armed with electric testers and when they tested the iron grill of the shutter, it was not found electrified. There is also no mention of any of this story in the Station Diary of the police station, though Tikam admitted that this was a very serious incident and gall serious incidents must be noted in the Station Diary.
Sarwaribegum, resident of BIT Chawl No. 8, says that, at about 2200 hours on 8th January 1993, the miscreants repeatedly banged on her door and broke open the door to her tenement. She along with her two daughters–in–law and children was inside. One of the miscreants, Santosh Nagaonkar, started damaging the articles in the house and another placed a chopper on her neck and asked about the whereabouts of menfolk. The women pleaded for their lives, managed to run away and seek shelter in Prabhat Building. Sarwaribegam says that, when all this was happening, she saw the police standing 15 feet away from the building, doing nothing.
When she complained to the police about the attack on her chawl and requested action against the miscreants, the police asked her to go away. She made a complaint to the police station on 16th January 1993 narrating what transpired during the night of 8th January 1993. She denies the correctness of what is alleged to be her statement (Exhibit 550 (P)) and maintains that she had specifically given the name of Santosh to the police officer who took down the complaint. So much, for the reliability of the police records.
1.8 The Senior Police Inspector claimed that there were several instances of private firing upon the residents of Pathan Chawl (now known as Bhagwa Mahal) resulting in injuries to three Hindus, Chandrashekhar Bhiva Sawant, Sanjay Ramchandra Sawant and Prakash Keshav More. These three persons gave identical evidence that, because of fireballs thrown at Pathan Chawl by the Muslim residents of the adjoining building known as "80 tenements", the Pathan Chawl caught fire. And when the residents of Pathan Chawl were running around to extinguish the fire, they were shot at from the 80 tenements Chawl. They also claimed to have identified the person firing at them as one Nasir Bakerywala.
1.9 That these three persons were injured by bullets is certain; it is doubtful whether they were injured in an incident of private firing. The material on record seems to suggest that probably they were injured in police firing, while participating in the riots, which they are now passing off as the result of private firing. Though each one of them claims to have seen Nasir Bakerywala firing at them, one says that the firing was from a pistol and another that it was from a big gun. None of them named Nasir Bakerywala in the police statements. The police have also submitted a supplementary report to the Additional Commissioner of Police (Crime) (Exh.569(C) giving full particulars of the incident in CR No.33/93. In that supplementary report these three are shown to have been injured in police firing.
1.10 The metamorphosis of ‘Pathan Chawl’ into ‘Bhagwa Mahal’ is also interesting. Though all others claimed that there was no connection between Shiv Sena and Pathan Chawl, Mohan Kadam Bahadur Lama, a resident of Pathan Chawl from 1969, who knew Prakash Keshav More, Sanjay Dattaram Sawant, Chandrashekar Bhiwa Sawant and Dattaram Vasant Narvekar, gives a different version. According to him, the name of Pathan Chawl was changed to Bhagwa Mahal when the Shiv Sena started moving about frequently. Someone from the Shiv Sena had come and said that Pathan Chawl should henceforth be called Bhagwa Mahal and, "since they said so, it is also called Bhagwa Mahal". This obviously indicates that the residents of Pathan Chawl or Bhagwa Mahal were very much protagonists, if not activists, of Shiv Sena.
Lama’s affidavit was filed at the instance of one Tukaram Amre and another "fat police officer" was accompanying him. This Tukaram Amre was the person instructing the Shiv Sena’s counsel when the cross–examination was going on before the Commission and was identified by the witness Lama. Lama also said that, apart from him, Tukaram Amre had brought four or five persons to file affidavits and was accompanied by one fat police officer. This evidence leads the Commission to think that the story about private firing is a contrived one, put forward at the instance of the activists of Shiv Sena and the police, though the identity of the "fat police officer" is unascertainable.
1.11 Meherunnissa Mohammed Yakub Ansari (Exh.577) also says that from about 1930 hours on 8th January 1993, till about 1330 hours on 9th January 1993, there were continuous attacks on their chawl No.12. The attackers were all Hindus from BIT Chawls who kept shouting, "Landyabai ka ghar kidar hai" and knocking on her door. They were carrying choppers and other weapons. She is emphatic about what the police told her when she complained to them. Says, the witness, "I cannot forget during my entire life the words used by the police — ‘Pakistan chale jao; yahan kyon ate ho marne ke liye’". After the Muslim residents had moved away to safety locking their houses, their houses were systematically ransacked and looted.
1.12 On 10th January 1993 riots erupted simultaneously at about 1030 hours near Fancy Market, Moreland Road, Hirve Chawl on Maulana Azad Road, Pathan Chawl on B.J. Road and Dhobighat. There was extensive arson and looting of property. In fact, the vicious nature of the riots can be gauged from the statistics given by the police themselves. About 200 Muslim families from Dhobighat area had abandoned their houses and fled to safety. Their houses were systematically ransacked, damaged, looted and subjected to arson. According to the police, in all about 200 incidents of arson and looting took place on 10th January 1993; in almost all cases the victims were Muslims.
1.13 There were crude attempts by the police to cover up the role of the Shiv Sena in the incidents of January 1993 :
(a) Though the Senior Police Inspector had filed particulars of the Mahaartis organised (Exhibit 514(P)), in which the number of Mahaartis were shown as having been organised by the Shiv Sena, he later on claimed that there was a mistake in it and filed another sanitized version in which it was sought to be maintained that the different Mahaartis were organised by different organisations, though the leaders of the Shiv Sena happened to remain present at the Mahaartis.
b) There was another attempt to underplay the role of four accused arrested in C.R. No.17 of 1993, who were reported to be Shiv Sainiks. Senior Police Inspector Tikam had made an endorsement in the case papers of C.R. No.17 of 1993 that the four accused persons arrested from BIT were Shiv Sainiks and that a report to that effect has been given to Assistant Commissioner of Police, Mehta of S.B.–I CID. When closely questioned about this endorsement, Tikam feigned lapse of memory. Daljitsingh Parmar, the investigating officer stated that the Senior Police Inspector Tikam must have got the information that the four accused were Shiv Sainiks and, though he made inquiries from public and interrogated the accused, he could not get confirmation of the said fact. He had even questioned the Shakha Pramukh of Shakha No.37 who stated that the four accused arrested in C.R. No.17 of 1993 were working along with Shiv Sainiks, but were not "authorised members" of Shiv Sena. No attempts appear to have been made to look into the records of membership or to cross–check the information given by the Shakha Pramukh. Daljitsingh Parmar conceded that if he had done such exercise he would have been able to ascertain whether the four accused were members of Shiv Sena and that it was a mistake on his part not to have done so.
1.14 There was a report of private firing from a building known as Al Madina on Motlibai Street. Though Senior Police Inspector denied that there was any such private firing, under cross–examination he was forced to admit that information to this effect was received by him, not only from public but also from the officers of the military column located near YMCA, that the military officers also claimed that they had heard the noise of firing from the direction of Al Madina and thought that it was directed at them. The military officers came near Al Madina Mansion and wanted to search Al Madina building to flush out the miscreants, but were unable to do so without a written requisition from the Senior Police Inspector. Tikam says that he refused to give such a written requisition because according to him the situation was not so serious as to justify the area being handed over to the military authorities. This, despite his believing the information about private firing from Al Madina mansion. After a lapse of time, Tikam himself carried out a search of Al Madina mansion, but predictably did not recover any fire–arms, though some petrol bombs were recovered.
1.15 That Shri Babanrao Pachpute, then Minister of State (Home), was possibly interfering with police work, is brought out in the cross–examination of Tikam. Tikam had picked up 21 persons from Al Madina building for questioning. By a strange coincidence, Mr. Pachpute visited the police station in the wee hours on 11th January 1993 and was shown the offensive materials seized during the search of Al Madina mansion. Soon thereafter, Tikam says that he was satisfied that there was no material against the 21 persons and they were allowed to go! Tikam, of course, denied that Shri Pachpute had anything to do to the release of those 21 persons. Tikam’s lapse of memory under cross–examination was so acute that, at one stage, in his anxiety to deny that there was private firing from the building behind YMCA Hostel, he point blank denied that there was any such incident. Confronted with the Agripada Mobile Log Book entries of 10th January 1993 showing that the police party was subjected to such private firing and that the constables in the Agripada mobile had replied the firing (Exh. 531(SS)), Tikam admitted the fact but had no explanation as to why there was no reference to it in his affidavit.
When the police searched Al Madina Mansion, not only did they recover petrol bombs, but they also seized certain quantity of materials useful for making crude bombs from the terrace of the building. It is admitted by Tikam that this might have been stored on the terrace of Al Madina as a plan to attack the Hindus and the police and that such an act would be an offence. Strangely, no offence has been registered, nor is the officer able to give any explanation as to why none was registered. Though the Shiv Sena had often cried wolf with regard to incidents of private firing, in this instance at least, its grievance appears justified.
1.16 The strange manner in which the police moved against the suspects is highlighted by another incident. Though a written complaint dated 5th February 1993 [Exhibit 534(SS)] was made that the persons responsible for the private firings upon Bhagwa Mahal on 10th January 1993 were Nasir Mastan Bakerywala, Aziz, Vakil and Shakil, the police were not able to nab any of them as they were said to be absconding. Interestingly, on 3rd April 1993 a public function appears to be organised for Id Milad in which the fathers of the three suspects, Mastan Bakerywala, Haji Vakil and Shakil were part of the organising committee. Tikam also maintained that none of his staff reported to him if any of the four absconding suspects had attended the function.
1.17 From the evidence of Yashwant Dattatraya Puntambekar [Exhibit 468(P)] it appears that on 8th and 10th January 1993, Hindus and Muslims were both on the offensive, though he would not be able to say as to which of these two mobs was acting in self–defence. During December 1992 and January 1993, 41 offences were registered, of which eight pertained to rioting, seven pertained to rioting with murder, 19 were cases of stabbing and the remaining were cases of house–breaking and looting. During December 1992 and January 1993, in the stabbing cases, 11 Hindus and 10 Muslims were stabbed. Out of the 15 cases of murder by stabbing, three victims were Hindus and 12 Muslims.
1.18 One constable, Ashok Naik (P.C.No.23960, L.A.IV) was arrested in connection with an offence of rioting and causing damage to Muslim property (C.R. No.28/93). Another police constable, Rajaram K. Bhoir, was arrested by N.M.Joshi Marg Police Station while indulging in a similar offence.
1.19 Some Urdu pamphlets [(Exh.538(SS)] containing inciting material were distributed near Hindustan Masjid, but there appears to be little follow–up action by the police.
2 Antop Hill Police Station
2.1 This police station is spread over an area of about 8 to 12 sq. kms. with a total population around 5 lakhs, the majority being Hindus. There are some Muslim pockets in the area, like Suleman Compound, Sangam Nagar, Pratiksha Nagar, Bangalipura, Vijaynagar, Kokri Agar and Makkawadi. Roughly about 20% of the population consists of Muslims. This area has about 17 temples, 18 Masjids, seven Gurudwaras, three churches and seven Buddha Mandirs. The jurisdictional area of this police station is spread over two Vidhan Sabha constituencies and the two Sitting MLAs at the material time belonged to Bharatiya Janata Party and Congress–I. The three corporators in the area at the material time were two from Congress–I and one from Janata Dal.
2.2 There was no instance of Muslims being instigated to resort to violence or rioting. They had spontaneously reacted on hearing news of the demolition of Babri Masjid. There was no active Muslim organisation within this area, nor any attempt to instigate Muslims by communal speeches or distribution of printed material or by writings on blackboards.
2.3 The first reaction to the demolition of Babri Masjid came on 7th December 1992, during which angry Muslims directed their anger at the police or BEST buses by stoning them (C.R. No.354 of 1992). In another incident (C.R. No. 357 of 1992) which occurred on 8th December 1992 at 1315 hours in Rajiv Gandhi Nagar, a mob of 300 to 500 persons set fire to some of the huts therein. The police are unable to say whether the violent mob which was throwing stones at them consisted of Hindus or Muslims. However, the two huts in Rajiv Gandhi Nagar which were set on fire were occupied by Hindus and, it may be correct to presume that the aggressive mob was one of Muslims. The slogans shouted by the mob also lend support to this assumption.
That there was a Hindu mob which also attacked the huts in the transit camp, Rajiv Gandhi Nagar, and committed acts of arson is evident from the material on record. The police resorted to firing to quell the mobs in which three Muslim residents of Agarwal Compound sustained injuries and subsequently died.
2.4 On 9th December 1992, between 2300 to 2330 hours, a mob of 100–150 Muslims attempted to attack the Hindu settlement at Vijaynagar and was marching towards the local Ganapati Mandir. There was stone throwing by the said mob and slogans shouted that all the huts should be set on fire. The police interdicted them and resorted to lathi charge followed by firing. In this case (C.R. No.358 of 1992), 23 Muslim accused were arrested and one Muslim died in the police firing.
2.5 January 1993 saw thick rumours being floated around in the area that there was an imminent attack by Muslims. The Hindus were being incited and instigated to prepare against such attacks. Feelings were running high.
2.6 By far the most serious incidents took place in January 1993 in Pratiksha Nagar and Kokri Agar. All the action in this area took place on 9th and 10th January 1993. Witness after witness has come and deposed before the Commission that on 3rd January 1993 a bunch of young persons in the age group of 18 to 25 moved around in Pratiksha Nagar area pretending to be Housing Board employees and elicited details of Muslim residents in the chawls therein. It is also said that chalk marks were made on the houses of Muslims.
2.7 On 9th January 1993 a violent mob of Hindus attacked the house of a Muslim in Pratiksha Nagar with stones, ransacked the articles inside and set fire to them. On 10th January 1993, one Mohamad Hanif Quereshi was killed by a mob which attacked him with lathis and swords, in Building A–31, Pratiksha Nagar, near the Saibaba Mandir. The place of offence was hardly 250 to 350 feet from the Pratiksha Nagar Police chowky wherein a police picket consisting of police sub–inspector Patil and four constables was said to be on duty. The investigations into this case were carried out by Police Inspector Kenge, Police Inspector Shinde and police sub–inspector Mane. The case has been classified in "A" summary.
2.8 On 9th January 1993, at about 1200 hours, a Muslim, returning from the open field after answering the call of nature, was assaulted and stabbed (C.R. No.18 of 1993).
2.9 On 10th January 1993, two bodies were found in badly mutilated condition in Pratiksha Nagar. One was discovered near the Tata Power line at about 1800 hours and the other in the night at about 0100 hours. One was identified as the body of a Muslim, Zafar Abdul Karim, and the other was unidentified.
2.10 On 11th January 1993, at about 0600 hours, two Muslims were stabbed in Pratiksha Nagar, resulting in the death of one and injuries to the other. This case (C.R. No.18 of 1993) has been classified in "A" summary. C.R. No.19 of 1993 is another case where one Mohamad Salim was injured in stabbing. This case has also been classified in "A" summary.
2.11 There was an attack on a Masjid known as Markaz–E–Tamir– Millat Masjid by Hindu mob (C.R.No.20 of 1993). The mob threw stones at the masjid and the adjoining huts of Muslims and torched vehicles and handcarts on the road. The resulting fire burnt six Hindu huts also. In this case, the police have arrested 17 Muslims and seven Hindus on the spot.
2.12 A Muslim driving his vehicle in Pratiksha Nagar near the Santosh Hotel was attacked by a violent mob of Hindus on 11th January 1993 at about 1300 hours (C.R.No.22 of 1993).
2.13 A Hindu driving a vehicle was attacked by a violent mob on 12th January 1993 at about 1703 hours opposite the Kokri Agar Church. Surprisingly, in this case, the accused arrested are both Hindus (C.R.No.23 of 1993).
2.14 Three Muslims travelling in a Maruti car in Pratiksha Nagar were pulled out, severely assaulted, put back in the car and the car was set on fire resulting in their being burnt alive. The incident occurred opposite Building No.20, Manohar Kini Memorial Library, Sardar Nagar No.1, Pratiksha Nagar on 14th January 1993 at 1430 hours (C.R. No. 27 of 1993). Three police constables, one of them armed, were present on fixed bandobust duty at Shivaji Chowk in Sardar Nagar No.1 and they were all in uniforms. The place where the incident took place was hardly 150 feet from Shivaji Chowk where this picket was on bandobust duty. No attempt appears to have been made by the police picket to stop the gruesome incident.
An interesting fallout of this incident is that on 15th January 1993 the police arrested two persons in connection with this incident and on the same day a morcha of about 3000 to 4000 men and women led by the local Shiv Sena Shakha Pramukh Prahlad Thombre, Shiv Sena MLA Shri Kalidas Kolamkar, Congress MLA Shri Eknath Gaikwad, Congress corporator Smt. Karuna Mhatre, Shiv Sena corporator Shri Krishna Vishwasrao, Shiv Sena Vibhag Pramukh Sudam Pandit and one Arvind Samant came to the police station demanding release of the arrested accused, one of whom was Bal Thombre.
2.15 There were several cases of systematic attack on and ransacking of Muslim houses in the different chawls in Pratiksha Nagar (C.R. Nos. 39, 40, 43, 44, 45, 46, 47, 48, 49, 51, 52, and 54 of 1993). The manner in which these cases have been investigated by the police leaves much to be desired. Most of these cases were recommended by the investigating officer for being classified in "A" summary; the recommendations were accepted by Senior Police Inspector Vinayak Raosaheb Patil and the cases were classified in "A" summary under the orders of the assistant Commissioner of police of the division.
In most of these cases, much before the actual date on which the I.O. recommended classification in "A" summary, there were written complaints made by the victims clearly identifying the miscreants and giving particulars of their residential addresses. In most of the cases, the miscreants were residents of the chawl in which the victim lived or of adjacent chawls. The accused were well–known persons and the victims had given their names and addresses. Most of such statements were recorded by the police and the NGOs when the Muslim victims had been temporarily sheltered at the Musafirkhana Relief Camp in South Bombay. These statements were forwarded to the Senior Police Inspector of Antop Police Station sometime in February 1993, and yet the investigating officer and the Senior Police Inspector appear to have recommended closing these cases and classifying them in "A" summary, sometime in June 1993.
The details of the statements of the different victims identifying the accused persons and giving their addresses are brought out in the cross–examination of Senior Police Inspector Vinayakrao Raosaheb Patil and also in the copies of the statements which have been taken on record by the Commission. It would appear that the investigating officer, for reasons now fathomable, recommended classification of these cases in "A" summary. Fortunately, in some of the cases, the deputy commissioner of police of the region appeared to have noticed this glaring omission and directed reopening of the cases and investigations upon which only some of the accused were arrested. Ominously, some names are repeated by the victims and some of the persons named as miscreants appear to have been connected with Mitra Mandals of Pratiksha Nagar known as Vishwa Jagrutti Mitra Mandal, Prabhat Mitra Mandal and Jai Maharashtra Mitra Mandal. The witnesses examined before the Commission have asserted that these Mitra Mandals were but fronts of the Shiv Sena and the persons active in these Mitra Mandals were all Shiv Sainiks.
2.16 In most of these cases, the investigating officer was sub–inspector Pawar, whose recommendation for classification in "A" summary appears to have been accepted by the Senior Police Inspector K.E. Nath, who was the Senior Police Inspector at the material time. Senior Police Inspector Nath was examined before the Commission and he clearly stated that none of the documents containing details of the names and addresses of the miscreants was filed in the case papers put up before him together with the recommendation of the investigation officer for classification in "A" summary. He also states that the investigating officer must have surreptitiously inserted the relevant documents in the case papers, subsequent to the classification of the cases in "A" summary.
The evidence of Senior Police Inspector Kisan E. Nath, (Witness No. 308) is very significant and reveals the police modus operandi of scuttling inconvenient investigations. Nath also says that between 22nd October 1993 to 23rd October 1994, no case diary had been written by the investigating officer. Some enquiry appears to have been conducted into the conduct of investigating officer, assistant Police Inspector Pawar which resulted in his being deprived of three years increments. The punishment inflicted upon him appears to be too light considering the manner in which he attempted to scuttle the investigation of cases in which hundreds of Muslim residences in Pratiksha Nagar were systematically ransacked, looted and the articles in the houses were set on fire.
2.17 The Commission had issued notices under Section 8B of the Commissions of Inquiry Act to the following police personnel attached to the Antop Hill Police station at the material time :-
(a) Police Inspector B.B.Shinge,
(b) Police sub–inspector Shivgonda Patil,
(c) Arvind Mahadeo Ghadi
(H.C. No. 1517),
(d) Akram Yeshwant Kamble
(P.C. No. 19044),
(e) Prakash Sitaram Dukare
(P.C. No.4064),
(f) Dhanaji Rajaram Phadtare
(P.C. No. 19044),
(g) Shankar Pandurang Patil
(P.C. No.543)
(h) Bhausaheb Kisan Gaikwad (P.C.No.25702)
2.18 After seeking time for giving their replies to the notice, the following persons stated on 5th December 1994 before the Commission that they did not propose to file any replies to the notices issued to them, nor desired to cross-examine the witnesses already examined before the Commission. They are :
a) Arvind Mahadeo Ghadi
(H.C. No. 1517),
b) Akram Yeshwant Kamble (P.C.No.19044),
c) Prakash Sitaram Dukare (P.C.No.4064),
d) Dhanaji Rajaram Phadtare (P.C.No.22279),
e) Shankar Pandurang Patil (P.C.No.543)
f) Bhausaheb Kisan Gaikwad (P.C.No.25702)
2.19 Inspector B.B Shinge and sub–inspector Shivgonda Patil sought leave to appear through Counsel and they were given permission. They also filed written replies vide Exhibit 2227(P) (Colly.). Smt. Manjula Rao, learned counsel appearing for them, was also given opportunity to cross examine one of the witnesses, Hafiza Kadar Khan, who had made allegations against them. This was done on 23rd February 1994.
2.20 Witness after witness has come before the Commission from Pratiksha Nagar area to give in graphic details the manner in which the Muslims were driven out from their houses at the point of swords, knives and under threats. In some of the cases their property was damaged, destroyed and set on fire in their very presence. In several cases the Muslims of Pratiksha Nagar ran away to seek shelter elsewhere and their locked houses were broken open, ransacked and their articles looted or set on fire. The witnesses have said that the attacking miscreants were Hindus, that they were mostly youths shouting slogans like, ‘Jai Shri Ram’, ‘Jai Bhavani’, ‘Jai Bhim’, ‘Jai Maharashtra’ and ‘Shiv Sena Zindabad’. Some of them have also stated that they were wearing bhagwa (Saffron) coloured headbands. One of the witnesses states that some of the miscreants were wearing Tee-shirts with the words "Shiv Sena" in Marathi printed on them. There appears to be unanimity in the deposition of the witnesses of Pratiksha Nagar that the survey carried out on 3rd January 1993 was unauthorized and definitely intended to target the Muslim houses for violent attacks, though at the point of time when it was done, the victims did not suspect foul play. The victims also clearly maintained that they were targeted and subjected to violent action in the very presence of policemen and officers, some of whom were armed, and that the police did not even lift a little finger to help them.
2.21 The evidence of Reshma Umar Makki, young lady of 27 years, who was herself a Hindu Maharashtrian, Dalvi, before she fell in love with Umar Makki and converted to Islam, is very revealing. Her house was also surveyed on 3rd January 1993 and an indelible mark was put on her door by the surveying party. On 9th January 1993 there was an attack on her house by Shiv Sainiks who made enquiries about her "Landya" husband. Reshma hid her husband inside a box type mattress before opening the door and informed the mob of attackers that her husband was not in the house and invited them to search the house.
The attackers were armed with swords, choppers, knives and lathis. Another attack took place on 11th January 1993 by an armed mob of Shiv Sainiks. They abused her as to why she got married to a "landya" and whether all Hindus were dead. She identified the mob as comprising inmates of Andhra Chawl, out of whom she clearly recognized one Umesh, a Shiv Sainik living near Sundar Hotel. He and three to four other boys entered her house, placed a chopper on her head and threatened her that, if she spoke up, she would be stripped, raped and killed. She says that when she contacted Senior Police Inspector Vinayak Patil of the police station for help, he refused to come and retorted, "If a Muslim dies, there would be one Muslim less".
Reshma maintained that the facts that the Shiv Sena boys coming every now and then and giving trouble to her, taunting and filthily abusing her for marrying a Muslim, openly moving around wearing white Tee-shirts with the name of Shiv Sena printed upon them, without the police in any way interfering with them, made her believe that the police had deliberately adopted a policy of non-interference and helping the Shiv Sena. She spiritedly retorted to the Senior Police Inspector that she had marked his words and his words would cost him dearly one day. Prophetically, she was proved right, because Senior Police Inspector Vinayak R. Patil was summarily sacked by the government on serious allegations, one of which was his close association with "communal organisations".
Under cross–examination by the learned councel for the Shiv Sena, Reshma Umar Makki, admitted that she did not know whether the miscreants were actually Shiv Sainiks or not, but they were at least claiming to be Shiv Sainiks. She was even honest enough to point out that whoever wrote her complaint in the Musafirkhana had made a mistake and that she had never stated that the miscreants had robbed her of her jewellery. There is no reason to discount the evidence of this and other witnesses from Pratiksha Nagar.
2.22 From the evidence brought on record, it would appear that there was a systematic attack for terrorizing the Muslims in Pratiksha Nagar. The Muslim houses were subjected to a selective unauthorized survey by the Hindus on 3rd January 1993. There was a vicious rumour floated around that there was an imminent attack by Muslims on Hindu houses and thereby Hindu communal passions were whipped up. On 9th, 10th and 11th January 1993 the Muslim houses in Pratiksha Nagar were systematically broken open, ransacked, some of the articles looted and some others deliberately set on fire. One of the witnesses said that on 9th January 1993 about seven truckloads of miscreants had come, most of whom were from Lalbaug area and some were from the Andhra Chawl. This fortifies the conclusion that there was a planned, systematic attempt to attack the Muslim houses in Pratiksha Nagar.
2.23 One 18–year–old girl, Shamim Bano, was kidnapped and, in spite of the names of the culprits being disclosed to police, the police took little action in the matter and the girl was not traced thereafter (C.R. No. 27 of 1993).
2.24 One handicapped person, Abdul Mannan, was brutally murdered by the miscreants and, though their names were given to police, no action seems to have been taken (C.R. No.114 of 1993).
2.25 Between 9th January 1993 to 12th January 1993 a large number of Muslims, numbering about 3,000–5,000, who had left their houses for fear of attack had congregated near Sunder Vihar Hotel. They were surrounded by 40,000–50,000 Hindus and had to spend almost three days under constant fear of attack till they were rescued from there with the help of army column on 12th January 1993. The intensity of communal hatred which had gripped even the ordinary citizens during the riot periods is demonstrated by this incident. Police were unable to help the Muslims because of overwhelmingly large mobs of Hindus which prevented the police from rescuing the Muslims. When an attempt was made to supply food to the marooned Muslims, the vehicles carrying the food were chased away. Finally, when the army column was transporting the marooned Muslim families, it was also attacked by the Hindu mobs which had to be dispersed by firing resorted to by army personnel.
2.26 The role of the police during this incident has been distressing. On occasions, they acted passively and permitted the pillaging mobs to carry on their nefarious activities; sometimes, they even encouraged them and joined them. In these circumstances, the lapses in the investigations into the offences registered were probably not cases of negligence, but deliberate attempts to suppress material evidence and sabotage investigations. The evidence on record clearly points out that the police were communally biased against the Muslims. In short, the conduct of the police during the incidents was such as to cause loss of faith in the law and order machinery.
2.27 To top it all, there is the order dated 30th April 1993 by which senior police inspector Vinayakrao Raosaheb Patel of Antop Hill Police Station, was removed from service with effect from 30th April 1993 for reasons, inter alia, of developing relationship with ‘criminals’ and ‘communal elements’ in Antop Hill police station area, thereby shielding them from legal action. The conduct of the officers, Police Inspector B.B. Shinge, police sub–inspector Shivgonda Patil, investigating officer, sub–inspector Pawar and the police constables, namely, Arvind Mahadeo Ghadi (H.C.No.1517), Akram Yeshwant Kamble (P.C.No.19044), Prakash Sitaram Dukare (P.C.No.4064), Dhanaji Rajaram Phadtare (P.C.No.22279), Shankar Pandurang Patil (P.C.No.543) and Bhausaheb Kisan Gaikwad (P.C.No.25702) is not at all above board.
The Commission is satisfied that it was because of such conduct on the part of police personnel that incidents of such serious nature took place in Pratiksha Nagar. It was a massive operation launched by the Hindu miscreants in Pratiksha Nagar, some of whom openly professed that they were connected with the Shiv Sena, and some identified to be local Shiv Sena activists, actively and passively supported by the local police, to terrorize and cripple the Muslim residents of Pratiksha Nagar. That this massive operation succeeded is testimony to the ineffectiveness of the police machinery which was paralysed into inaction as it was infected with the virus of communalism.
2.28 That the Shiv Sena was spearheading the attack on the Muslims in this area comes through from the evidence of witness after witness before the Commission. The big morcha taken out by the local Shiv Sena leaders to demand unconditional release of the accused arrested in C.R. No. 27/93 indirectly supports what has been directly suggested by the witnesses.
3. Azad Maidan Police Station
3.1 The population in this area consists of 90% Hindus.
3.2 On 11th December 1992, at about 1715 hours, some of the Hindu boys playing cricket on Azad Maidan were fired upon by two unknown assailants on a motorcycle, resulting in the death of one Nathuram Dhondu Mohite and injuries to four others (C.R.No.841 of 1992). Although one Aslam Koradia, a known Muslim criminal, was suspected of the offence and arrested, he was discharged as none of the witnesses identified him. Some of the recovered empties bore markings in Arabic script. The police appear to have been very remiss in the investigation of this offence in that the empties were not sent to the Ballistic expert for opinion as to the type, calibre and make of the firearm from which the empties could have been fired. The statement of Ramchandra Gopal Khadse, an eyewitness to the incident, suggests that, just before the firing incident the miscreants were seen making inquiries with the onlookers for sometime. Though the miscreants have not been arrested, the incident had all the hallmarks of a communal incident, at the instance of Muslims or someone with intent to stir up communal trouble.
3.3 Another incident of serious nature is the one in which a crude bomb was hurled at the Gol Masjid. This incident occurred despite a bandobust picket posted right in front of the Gol Masjid to protect the Masjid. The police picket was led by assistant sub–inspector Matare and five constables. In the offence registered (C.R. No. 843/92), there is not even a statement of assistant sub–inspector Matare recorded by the investigating officer. The Senior Police Inspector admits, and the Commission agrees, that the conduct of assistant sub–inspector Matare and his picket in sitting inside the Gol Masjid Chowky, though required to be on bandobust in front of Gol Masjid, was thoroughly irresponsible. Strangely, no action appears to have been taken against him for this irresponsible behaviour. Though the Assistant Commissioner of Police Shyam Narahar Kundalkar made a query about the absence of assistant sub–inspector Matare’s statement while scrutinising the case diary, nothing further was done.
3.4 It is the assessment of Assistant Commissioner of Police Kundalkar that in January 1993, within Azad Maidan Police Station area, the trouble was created by groups of people from the adjoining areas of L.T. Marg, Girgaum and V.P. Road police station areas and that the incidents within Colaba and Cuffe Parade were sporadic and carried out stealthily.
3.5 During January 1993, there were in all 12 cases of looting, arson and mischief registered by the police as detailed in Annexure "C" to the affidavit of Senior Police Inspector Deore.
3.6 One Urdu pamphlet inciting the Muslim youths to resort to guerilla war against Hindus, and the brutal and communally–minded police force, was seized by the police, though no arrests were made in this case. Though the miscreants were not identified, it is apparent that they were bent upon stirring up communal disharmony.
3.7 The Shiv Sena referred to and strongly relied on the information contained in C.R. No. 5 of 1993, DCB–CID (initially C.R. No.122 of 1993 registered by Azad Maidan Police Station) to contend that there was a widespread conspiracy amongst various criminals funded by the notorious Dubai based criminal, Dawood Ibrahim Kaskar, to smuggle arms and ammunition into India and to distribute them to the Muslim criminal elements in the Muslim dominated areas in order to bring about communal riots. But, careful reading of the case papers in light of evidence of the then Additional Commissioner of Police in–charge of SB–I, CID, V.S. Deshmukh, negatives this contention. Apart from the statement of the police officer lodging the FIR, Police Inspector Rajan Dinanath Dhobale, there appears to be no other material to support Shiv Sena’s theory.
The offence is said to have occurred between 7th December 1992 to 7th January 1993, but conveniently reported on 8th January 1993 at 2000 hours. All the local criminals, incidentally Muslims, have been named as conspirators. The only supporting evidence is a statement of another police officer from DCB–CID, assistant Police Inspector Nagesh Shivdas Lohar, who claims to have relied on "secret information" received from informants to put forward the theory of conspiracy, but says that none of the informants was prepared to come forward and give statements, because of fear and terror created by five Muslim persons whom he has named. There is one more statement of Police Inspector Mohan Vasantrao Aklujkar of DCB–CID, based on information received that Kadar Rangilla, an associate of the notorious criminal, Dawood Ibrahim Kaskar, was active during the December 1992 and January 1993 riots and that he received firearms from Dawood which he distributed to criminals and miscreants in Muslim dominated areas. The said Kadar Rangilla was arrested and taken into custody. There are panchanamas dated 9th January 1993, 19th January 1993, 26th January 1993, 31st January 1993, 6th February 1993, 23rd February 1993, of searches conducted by police at various places during which nothing incriminating was found, nor seized. The entire case appears to be based on some "reliable information" which the police have never put to test. In fact, all the persons who were initially arrested on suspicion were discharged as nothing incriminatory was found.
3.8 Finally, the police classified the case in "A" summary, i.e. "true but undetected". In the view of the Commission, the truth, if any, has not been vouched by any police officer and the ‘reliable information’ relied upon by them could not be put to test. During the said period there were all kinds of rumours floated by word of mouth and in newspapers, based on strong partisan views.
3.9 The Commission, therefore, is unable to accept the contention of the Shiv Sena that the case papers of this case bear out the Conspiracy Theory advocated by it, without any material apart from the ipse dixit of police officers. In fact, Additional Commissioner of Police, V.N. Deshmukh, was candid enough to admit that, though such a conspiracy was suspected, despite vigorous investigations, the police were not able to unearth any material to support the theory, nor were they able to seize any arms and ammunition alleged to have been smuggled into the Muslim dominated areas for the purpose of engineering riots.
3.10 That the police were sold on the conspiracy theory is apparent from the fact that, even in C.R. No.841 of 1992, without carrying out proper investigations or seeking expert ballistic opinion, Senior Police Inspector Deore, shot off a report dated 26th December 1992 to his superiors hazarding a guess that the miscreants must have been Muslims and that the arms might have been illegally brought into the country from Pakistan. Under the stress of cross–examination, he was forced to admit that these views were expressed by sheer guess work and that there was no material in support.
3.11 The conspiracy theory propounded by the Shiv Sena falls to the ground.
4 Bhoiwada Police Station
4.1 This police station is a Hindu dominated area though there are small Muslim pockets strewn about.
4.2 Generally speaking, here the Muslims were at the receiving end in both the phases of riots.
4.3 Soon after the demolition of the Babri Masjid on 6th December 1992, there was no reaction from the Muslims from this area, either on 6th or 7th December 1992 or during the entire month of December 1992.
4.4 There are no active Muslim organisations in this area though Shiv Sena and BJP are very much active in this area.
4.5 Out of the 15 cases registered during December 1992, except in one (C.R.No.537 of 1992), the aggressors were Hindus and victims were Muslims. Out of 23 cases registered during January 1993, except in two cases (C.R. Nos. 30 and 35 of 1993), in all other cases Hindus were aggressors and Muslims were the victims. Properties damaged, looted, ransacked and subjected to arson were those belonging to Muslims. Out of the three hundred fifty four properties which were damaged, looted, ransacked or set on fire, about two hundred and six belonged to Muslims. The largest number of Hindu properties were damaged in a case (C.R.No.35 of 1993) was 16. Even in that case the miscreant mob was of Hindus and the properties indiscriminately damaged, destroyed were mostly vehicles parked on the road.
4.6 There was concentrated stone throwing at a restaurant known as ‘Jehangir Restaurant’ belonging to a Muslim (C.R.No.537 of 1992). Though the Senior Police Inspector says that the attacking mob was that of Muslims, it is difficult to believe his version that a Muslim mob attacked a Muslim’s restaurant. Further, there is reference to "an opposing mob of 50–60persons which was indulging in rioting and unlawful assembly" in the case papers. The Senior Police Inspector conceded that the description given in the FIR would suggest that there was a Hindu mob also which was indulging in rioting and unlawful activities. The Senior Police Inspector, however, was unable to suggest the root cause of the trouble or who started it. Here also, all the properties damaged, looted, ransacked belonged to Muslims.
4.7 The evidence suggests that even during December 1992 there were no acts of rioting or violence on the part of Muslims and the trouble started because of the Hindu mobs.
4.8 The influence of Shiv Sena in this area appears to be dominant. In fact, even during December 1992, there was an attack on one mosque known as Takhia Masjid led by the office bearers of local Shiv Sena Shakha who were raising slogans, "Hum Masjid tod denge, Hum Masjid jala denge". The Senior Police Inspector admitted that, except in a few cases, they were unable to discern whether the accused belonged to any political party or organisation. The only cases where the police were able to discern the connection of accused with any communal organisation were those in which the accused were connected with Shiv Sena.
4.9 The situation appeared to be peaceful during December 1992, despite the demolition of Babri Masjid. The trouble seems to have been caused after the Mahaartis started here from 31st December 1992. Another contributory factor to the trouble was the wide and extensive rumour that Muslims were going to attack the Hindus and hordes of Muslims would arrive by trucks to attack. Consequently, Hindus were under constant tension and spent sleepless nights posting vigil against the apprehended attacks.
4.10 The only case in December 1992, where Muslims appear to be aggressors, is registered under C.R. No. 537 of 1992 in which they resorted to violence in Adam Mistry Lane on 8th December 1992 between 1730 hours to 2000 hours. Here again, it is admitted by the Senior Police Inspector that there is no evidence to suggest that the Muslims started the trouble, though the evidence suggests that all the damage was suffered by Muslims.
4.11 The interrogation of some of the accused suggests that after the crowd dispersed from Mahaarti held on 7th January 1993 at Parel T.T., the dispersing crowd indulged in systematic stone throwing at Muslim establishments along the lane. The Hindu accused stated during interrogation that the crowd returning from Mahaarti held on 9th January 1993 at 1930 hours in Hanuman Mandir on Dadasaheb Phalke Road had attacked the Muslim establishments (C.R.No.34 of 1993).
4.12 Though there was curfew, without relaxation, enforced from 9th January 1993 to 22nd January 1993, the manner of enforcement of the order was most unsatisfactory. In fact, the control room gave a message on 10th January 1993 (vide transcript of Cassette ‘B’ dated 10th January 1993) that it had come to the notice of the superiors that there was no enforcement of curfew and a direction was given that strict enforcement of the curfew order be observed. Though Senior Police Inspector asserted that the curfew order had been strictly enforced within his jurisdiction, he was unable to explain as to why the control room gave such a directive. The riots had aggravated so much and gone out of control that Superintendent of Police Mushrif was especially entrusted with the supervision of this area, despite the presence of Deputy Commissioner of Police Zone III and Assistant Commissioner of Police of the division.
4.13 Written complaints were given by the victims of attacks that the attacks were made in full view of the police pickets who did nothing to prevent the attacks (C.R.No.21 of 1993). There is a complaint made by one V.A. Krishnan, manager of ‘Cafe Shelar Restaurant’, on 10th January 1993, that there was information about attack on his establishment and he apprehended arson and looting. His request fell on deaf ears and, as apprehended, the restaurant which belonged to a Muslim was ransacked and property worth seven lakhs was looted. This restaurant is within walking distance of five minutes from the police station. Along Babasaheb Ambedkar Road several establishments within a few yards distance were freely looted and set on fire.
4.14 The inflammatory boards seized on 2nd, 4th and 5th January 1993 from Shiv Sena shakhas and on 6th January 1993 from the Bharatiya Janata Party office suggest that they were inciting communal passions within the area.
4.15 The investigations carried out into the riot–related offences are also unsatisfactory. Several leads, which could have turned up valuable clues to the identity of the miscreants, were ignored — negligently or intentionally — by the police. C.R. No. 43 of 1993 is an instance in which anonymous information was given to the police station that the son of Prabhakar Bhumkar, Sunil, and others named therein, were ransacking and looting establishments near Kohinoor Mill Chawl. However, the concerned case diary does not indicate any investigation made in this connection. Though Sunil was arrested in connection with C.R.No.26 of 1993, the interrogation carried out in that case also does not suggest that he was interrogated in connection with the offence in C.R.No.43 of 1993.
There was another letter that one Santosh Pawar had looted a godown and had kept looted property in the house of his sister at Kannamwar Nagar. Santosh Pawar is identified as a person carrying on the business of posters. No investigation is done to follow-up this information. There was another case in which one Kishore Kisan Chavan, resident of Old Naigaum, B.D.D. Chawl No.13/41, B.G. Devrukhkar Road, Bombay–14, was named as one of the active killers, plunderers and spreaders of rumours against Muslims. No worthwhile investigation seems to have been done to follow-up this lead.
4.16 One Muslim was severely assaulted on Acharya Donde Marg and thereafter set on fire (C.R.No.23 of 1993). There was a statement made by one Vijay Jairam Ghag that the miscreant was one Santosh Ghanekar whom he had seen bashing the victim with a big stone and setting him on fire. Though the statement was made on 7th February 1993, there appears an affidavit in the case papers sworn on 8th April 1993 before a Notary Public retracting the earlier statement and denying the identity of the miscreant as Santosh Ghanekar. Though Santosh Ghanekar was arrested by police on the first statement of Vijay Jairam Ghag, he was released because of the subsequent affidavit. The Senior Police Inspector admits that Vijay Jairam Ghag must have been threatened and, for that reason, must have declined to cooperate with the police. This case came to be classified as "A" summary.
4.17 Accused Chandrakant Bhagwan Shinde was arrested in connection with the looting of Masha Allah Restaurant (C.R.No.46 of 1993). Though under interrogation he admitted that he had broken open and looted the said restaurant, no attempt appears to have been done by the police to have him identified by any one from the said restaurant. The Senior Police Inspector admitted that this was a serious lapse in the investigation as somebody from the restaurant might have been able to identify the miscreant.
4.18 One Narayan Babaji Yadav gave evidence before the Commission that his brother–in–law Ramchandra alias Nana Krishna Khedekar was missing and was not traceable. He also stated that he had no complaint that the police had not attempted to trace out his brother–in–law. On the basis of his evidence the witness says that Commission should recommend to the Government that his brother–in–law must have been killed in riots and that he be paid compensation. No circumstances have been brought out in his evidence to suggest that his brother–in–law might have been killed in the riots. All that has been shown is that his brother–in–law is missing. In these circumstances, the Commission is unable to grant his request as on the basis of the material on record the Commission is unable to say that Ramchandra alias Nana Krishna Khedekar might have died in a riot–related incident.
5. Byculla Police Station
5.1 The majority of residents here are Hindus though there are pockets of Muslims. Tadwadi, Love Lane, Parab Chowk are Hindu majority areas, while Navanagar, Dockyard Road, Hussain Patel Marg are Muslim majority areas. Anjirwadi locality has a mixed population of Hindus and Muslims, though in Anjirwadi itself the residents are all Hindus. Sitafalwadi is predominantly inhabited by Muslims. Kasargalli is a Hindu predominant area. Dattaram Karande Marg (Old Belvedre Road) has a mixed population of Hindus and Muslims, though Muslims are in majority. Boatawala Chawl, also known as Haji Kasam Chawl, has a mixed population of Hindus and Muslims; within the chawls, the Muslims are in minority, but in the vicinity, the Muslims are in majority. Ghagara building is completely inhabited by Muslims, while in Hathi Baug the Hindus are in majority. Modi Compound is mostly occupied by Muslims. BPT Chawls has more number of Hindu residents than Muslims in all its 10 buildings. Laxmi Industrial Estate and Kopargaon Estate have mixed population; the number of Muslim residents is larger in Laxmi Industrial Estate, while the number of Hindu residents is larger in Kopargaon Estate area.
5.2 This area never had any known criminal gang operating therein, nor is it under the influence of any drug peddlers or criminal gangs.
5.3 Bharatiya Janata Party does not have any office or noticeable activity in this area, but Shiv Sena has three Shakhas located at Tadwadi, Love Lane and Kasar Galli.
5.4 The first incident took place in this jurisdiction on 7th December 1992 between 1100 to 1200 hours near Dockyard Junction when a mob of about 500–600 hundred Muslim youths were trying to enforce a bandh and obstructing the traffic on the main road and also deflating the tyres of the vehicles on the road. This was objected to by a mob of about 200–250 Hindus coming from Kasar Galli. The police also attempted to prevent the blockage of traffic. This resulted in stone throwing by each mob against the other and the police. The police resorted to firing to disperse the mobs. A section of the Hindu mob dispersed into D’lima Road which is inhabited by Muslims and Christians. The mob damaged a Maruti car parked on the road belonging to a Muslim and several Muslim shops and establishments on that road.
5.5 At about 2015 hours, on 7th December 1992, it was noticed that one Police Constable, Chandrakant Ramji Khopkar, of LA-II was stabbed to death near the bus stop opposite J.J. Hospital.
5.6 At about 2245 hours on 7th December 1992, the area of Haji Kasam Compound and Modi Compound saw pitched battles between Hindus and Muslims. A Muslim mob of about 200–250, pelted stones and soda-water bottles at Botawala Chawls which house Hindus. Some of the miscreants in the mob also damaged a small roadside Hanuman Temple and broke the idol. Lathi charge by the police did not produce results and police resorted to firing to bring the situation under control.
5.7 The area of Modi Compound saw another round of stone throwing and riots between Hindus and Muslims on 8th December 1992 at about 0730 hours which required firing of 12 rounds to control the situation. There was also throwing of stones and soda–water bottles by Muslims from Ghagra Building towards Botawala Chawl.
5.8 On 9th December 1992, at about 1025 hours, there were riots between Hindu and Muslim mobs, when a mob of 150 persons of Hindus from BPT colony started attacking the Muslims on Hussain Patel Marg. Sixty miscreants (34 Muslims and 26 Hindus) were arrested by the police, out of whom some of the miscreants were not residents of the area, indicating that they were outsiders who had come in for making trouble. The interrogatory statements of these accused do not even indicate whether they were interrogated as to what the accused were doing in BPT Colony (Ekta Nagar) though they were residents of distant areas, during the trouble that was going on all around the city on that day.
5.9 On 9th December 1992 there was also an a incident of a motorcar being set ablaze in Prabhatwadi Compound, Love Lane.
5.10 On 12th December 1992, at about 0230 hours, one Phulchand V. Waghela was stabbed and on the same day at about 0730 hours, a motorcycle was burnt in the compound of J.J. Hospital. On 18th December 1992, a complaint was made by advocate M.H. Khan, on behalf of one Abdul Haq Kasim Ali Ansari, owner of Tabussam Enterprises in Mhatra Compound, Narialwadi, about rioting, assault and arson on 7th December 1992.
5.11 This area did not see any incidents after 12th December 1992.
5.12 On 7th January 1993, at about 0645 hours, one Shripati Shriram Shelar, a BEST lightman on duty of switching off electric lights on Dr. Mascerenhas Road, was stabbed by four unknown persons. On the same day, at about 1915 hours, one Nilesh Dujya Mulya was stabbed near the main gate of J.J. Hospital and another Hindu, Dinesh Dujya, was injured in the stabbing.
5.13 On 8th January 1993, at about 1145 hours, a Muslim shop opposite Shirin Manzil, Tadwadi, was attacked by Hindus and damaged. The mob of Hindus also chased and stabbed one Anwar Karim Lulla, Muslim, who was passing along the road. At about 1430 hours one Pralhad Shamrao Ghorpade, Hindu, was stabbed to death on the footpath of J.J. Hospital. At about the same time, a tin shed in the Dhobighat within J.J. Hospital compound housing the shoe–making business of a Muslim was attacked with fireballs and set on fire by the Hindu residents of a tall residential building behind the Dhobighat. Hindu mobs armed with stones, knives and fire–balls damaged Muslim shops at the junction of St. Mary Road and S.V. Road and ran towards Tadwadi. Some of the establishments of Muslims in that area were set on fire by the Hindu residents. Shirin Manzil was repeatedly attacked by Hindu mobs and each time the attack was repulsed by the police by resorting to tear-gas and even firing. Hindu mobs attacked the offices of advocates opposite Mazgaon Court with stones, bottles and fire–balls and set fire to the office of one Muslim advocate resulting in the fire spreading to the adjoining offices.
5.14 On 8th January, between 2215 and 2300 hours, there was a violent clash between Hindus and Muslims on Dr. Mascerehans Road, near Hasna Baug, opposite Anjirwadi. At about 2015 hours, on the same day, one Muslim, Abbas Kasim Mharana, driving along Gunpowder Cross Lane and near Badshah Hotel was surrounded by a mob of 15 Hindus who threw kerosene on his car and set it ablaze. Abbas received extensive burn injuries and died as a result thereof. Surprisingly, there was a fixed police picket near Militia Apartment on Mathar Pakhadi, barely two lanes away from this ghastly incident, which seemed hardly aware of the incident.
5.15 On 9th January 1993, at about 2030 hours, a mob of about 200–300 Hindus was found throwing stones, soda–water bottles and brickbats near BIT Chawl, Love Lane. At the same time, another mob of 200-300 collected nearby and was indulging in similar activities. Attempts to control them by the police enraged the two mobs who started attacking the police. The police resorted to lathi charge, but the receding mobs started damaging the property on the road, like handcarts and motorcars by setting them on fire. At about this time, another 300–strong mob entered Love Lane from Parab Chowk and started throwing fire balls and soda–water bottles on the road. The police were encircled by the different Hindu mobs and had to resort to firing to disperse the mob. The riotous activities of the mob left in their wake a godown, a motorcar, opposite Mazgaon Telephone Exchange, and a motor–taxi in front of BIT chawls, on fire. Some of the stalls, shops, one motorcar and scooters, at Parab Chowk, and a carpet godown at Hathi Baug, were also set on fire. The arson of the carpet godown resulted in the burning alive of one Mallappa Dharmappa Kamble who was inside the godown.
5.16 On 9th January 1993, at about 0645 hours, a Hindu mob collected at Kasargalli near Ghosia Road and was throwing soda–water bottles and stones on the road. When the police attempted to intercept it, the mob turned its attack on the police. There were also stabbing incidents in which two Muslims, Hussain Ibrahim Bangi and Abdul Razak Fakir Mohamad, were stabbed in Kasargalli. Hussain Ibrahim subsequently succumbed to the injuries.
5.17 On 10.1.1993, at about 1100 hours, there was riotous activity by a mob of about 100–150 Muslims armed with swords, stones and bottles throwing the missiles on the road while advancing along Gun Powder road. At the same time, another mob of Hindus also collected near Star Cinema, about 75 yards away from Kasargalli, and was hurling stones and soda–water bottles. Vehicles parked on the road and the shops around the Star Cinema were attacked and set on fire. Though the police maintain that at about this time there was an instance of private firing from the terrace of the masjid opposite Star Cinema, the evidence on record does not support this story of the police. The police actually entered the mosque opposite Star Cinema and searched the terrace of the mosque as well that of as the adjacent residential building known as Masjid House. Though they managed to seize two crates of soda–water bottles, eight iron rods and four fire–balls, no firearms were recovered. Though the police produced a piece of fired bullet as the recovered empty bullet fired in private firing, allegedly found on the footpath opposite the masjid, the ballistic expert has opined that it was fired from a .303 calibre, a fire–arm used by the police. The story of private firing does not lend itself to credence.
5.18 On 10th January 1993, at about 1200 hours, a mob of Hindus numbering 100–200 went on the rampage near D.P. Wadi, Ghodapdeo and set on fire parked vehicles on Arbi Marg. One Umesh Shantaram Salunke, a Hindu, who died in police firing and another Hindu, Sayaji Bapu Gharde, who was injured in the police firing, were residents of the same area. Surprisingly, in April or May 1993, a cross lane situated near the place where Umesh Shantaram Salunke was shot, was renamed by Bombay Municipal Corporation as Umesh Shantaram Salunke Marg. Though the police maintain that Umesh Shantaram Salunke was not connected with any political party, and was actually indulging in riotous activities when shot, this renaming of the lane suggests political connection, or absurdity.
5.19 On 10th January 1993, at about 1000 hours, a mob of Hindus collected opposite Ranibaug in Ramnagar and started setting fire to the wooden stalls of Muslims on the footpath. Intervention by the police resulted in stones and bottles being thrown at the police. This invited police firing as a result of which one Hindu, Naresh Ganpat Tavate, was killed and another Hindu, Palani Mani, was injured. At about the same time, a Hindu mob went on rampage on D.S. Patanwala Road and started setting fire to the parked vehicles on that road and a mob of 100–150 Hindus collected near Masina Hospital to attack the vehicles parked on the road and set them on fire. A mob of about 1300–1400 Muslim youths collected near Mustafa Bazar Masjid and was indulging in riotous activities. When the police went to deal with it, another armed and violent mob of Muslims, about 300–400 strong, came rushing from Narielwadi towards Mustafa Bazar and it appeared that the police contingent was likely to be trapped between the two violent mobs. The police also alleged that there was private firing at them from someone in the mob. To meet the situation, the police resorted to firing and dispersed the mob. The police later discovered that two Muslims were stabbed and injured on Sant Savta Marg.Strangely, the two stabbed Muslims were found lying on Sant Savta Marg at a distance of about 100 to 150 feet from Masina Hospital gate, despite a fixed police bandobust in the close vicinity. It would appear that the two stabbing incidents took place before the two Muslim mobs came to the area and were probably the cause for the Muslim mobs to go on rampage.
5.20 On 11th January 1993, between 0200 to 0600 hours, one Muslim, Mohamad Salim, was found stabbed and dead in a pool of blood on Shivdas Chapsi Marg near Ali Kadri School. Another Muslim was also found lying in a pool of blood near the bus stop on the road with stab injuries. Both the deceased did not appear to be local residents but outsiders.
5.21 On 10th January 1993 at about 1150 hours, there was a full–scale riot at Haji Kasam Chawl, Rambhau Ghogare Marg in which a Hindu mob clashed with a Muslim mob. Though, the police claimed that there was private firing at them, they are unable to say whether the private firing was from the Hindu or the Muslim mob. The police firing to quell the mob resulted in the death of one Hindu and another person whose identity is not established. Two Hindus were also injured in police firing. Two Muslims were found stabbed in mob action of stabbing and one Hindu died as a result of stabbing during the incident.
5.22 On 11th January 1993, at about 2340 hours, a violent mob of 100-150 Hindus gathered at Ghodapdeo Cross Road No.1 and started throwing fire–balls and bottles filled with kerosene and lighted, on the timber godowns of Muslims. As a result the said godowns caught fire. In the attempt to burn down the Muslim establishments, several Hindu godowns also caught fire and burnt down. Four Hindus have been arrested in this case.
5.23 On 10th January 1993, at about 0838 hours one Bapu Jaiwant Wagh, Hindu, was stabbed by unidentified persons when he was coming out of Reay Road Railway Station.
5.24 On 13th January 1993, at 1315 hours, an industrial establishment in Laksmi Industrial Estate was set on fire by unknown persons by throwing a lighted object through the window of the establishment. One Hindu has been arrested in this case.
5.25 On 14th January 1993, at about 1100 hours, Rahimatulla Jamaluddin Shaikh, a Muslim, walking along Nesbeitt Road was pounced upon by a mob of Hindus who questioned him as to his name and, after making sure that he was a Muslim, stabbed him with sharp weapons. Three Hindu accused, local boys from Tadwadi area, have been arrested.
5.26 On 10th January 1993, at 0745 hours, one Sayyed Mohamad Shafiq Zaidi, Muslim, was pounced upon by four Hindus and stabbed with knives. Four Hindus have been arrested in this case and all of them are residents of Tadwadi. The Senior Police Inspector admitted that during the relevant period, a number of young boys were going around and indulging in such acts of violence against persons of the other community, so that they could boast of having done something great.
5.27 On 21st January 1993, at about 1145 hours a Muslim, Abdul Hussain Dalvi, passing by Shubh Sandesh Building on Hansraj Lane, was accosted by two persons who came on scooter, questioned him in Marathi about his name, and after ascertaining that he is a Muslim, shot him with a revolver. Dalvi and his nephew walking along with him ran towards Nesbeitt Road, but were again subjected to firing by the culprits, resulting in injuries to Dalvi. Hansraj Lane is a predominantly Hindu area and the residents of Shubh Sandesh building are all Hindus.
5.28 On 10th January 1993, at about 1430 hours, there was an attempted arson of godowns situated on Tank Bunder Road and Ray Road. Two mobs of about 100–150 Hindus went around indulging in riotous and violent activities and setting fire to godowns and vehicles parked on Ray Road.
5.29 On 10th December 1992, at about 0930 hours, one Abdul Kadar Malbarwala going towards St. Peter’s School was shot at opposite Nandu General Stores, opposite Shivdas Chapsi Marg by three unknown persons. He was admitted in the hospital and discharged on 30th December 1992, but reported the matter only on 4th February 1993, when his complaint was registered.
5.30 On 8th January 1993, one Ram Dubey, Hindu, walking along Barrister Nath Pai Marg was stabbed and injured by unknown assailants.
5.31 During December 1992 and January 1993, although there was an army column deployed in this jurisdictional area, the police used it only for the purpose of flag marching and there was no instance when the army personnel were called upon to take charge of any situation. The Senior Police Inspector asserted that he did not come across a single situation where the army should have taken up operations for handling the situation.
5.32 The Senior Police Inspector maintained that the quality and quantity of arms and ammunition, equipment, communication equipment and transport vehicles was inadequate to meet even the normal day–to–day situation and was, therefore, hopelessly inadequate to meet the situations which arose during December 1992 and January 1993.
5.33 During the period August to December 1992, Bharatiya Janata Party and VHP carried out Ram Paduka Pujan programmes and Ghantanaad to focus the attention of the Hindus on the Ram Janmabhoomi–Babri Masjid dispute.
5.34 This area houses the residence of Shri Chhagan Bhujbal, one time stalwart of Shiv Sena, who later on defected to Congress–I. The Shiv Sena organized protests on 15th November 1992 against his act of desertion of the party and made an attempt to perform his symbolic ‘shraadh’ (funeral) rite which was prevented by the police.
5.35 Haji Kasam Chawl appears to be a focal point of communal clashes since 1984. In fact, in 1984 and 1987 communal clashes took place in Haji Kasam Chawl between the Hindu and Muslim residents because of support to the Pakistan Cricket team voiced by the Muslims.
5.36 The call given by the Bombay Muslim Action Committee for bandh on 2nd December 1992 evoked vide response in the Muslim predominant areas of Nava Nagar, Modi Compound, Narielwadi, Sitafalwadi, Mustafa Bazar, Dr. Mascerenhas Road and Sant Savta Marg, where 90 % of the Muslim establishments remained closed. There was equally enthusiastic response to the call for bandh on 7th December 1992 by Muslims. Nasim Kazi, a corporator of Janata Dal, appears to have been active in moving around on 7th December 92 to enforce the bandh and he is an accused in connected C.R. No. 570/92.
5.37 Cross–examination by the Shiv Sena brought into focus the activities of one Muslim family of Barmares residing on the ground floor of Botawala Chawl. The Barmare brothers, Shaukat, Fayyaz, Sajid and Salim, appear to be notorious characters frequently indulging in criminal activities. Shaukat, Sajid and Salim have been arrested in criminal cases in which provisions of TADA Act were applied.
5.38 According to the Senior Police Inspector, during the December 1992 riots, the Muslims were the rioters and their first targets were the police, Hindus and their properties, in that order. He also says that during December 1992 the riots were confined to the Muslim predominant areas and Muslims started the riots for the reason that they were generally angry with the police for failure to give proper protection to the Babri Masjid.
5.39 The paucity of manpower is pleaded as an explanation for the inability of the police to effectively patrol all the lanes and bye–lanes which resulted in a spate of stabbing cases around the J.J. Hospital area.
5.40 This area saw one case of private firing in December 1992 and at least two cases of private firing in January 1993 in which the victims were Hindus. Searches of the suspected premises from which private firing were made, but did not result in recovery of fire–arms. The work of maintaining the list of licensed fire–arm holders is concentrated in the office of the Commissioner of Police. Though all Senior Police Inspectors had suggested that each police station be supplied with a list of licensed fire–arm holders in their respective jurisdictions, this suggestion did not meet the approval of the Commissioner. As a result, no Senior Police Inspector is sure of the identity of persons who hold licensed fire–arms in his jurisdiction.
5.41 The Senior Police Inspector asserted that in December 1992 the initial attacks on Hindus were made by Muslims which invited retaliatory attacks by Hindus upon Muslims and in January 1993, the spate of stabbing incidents of Hindus coupled with the news regarding the murder of Mathadi workers in Dongri area and the Radhabai Chawl incident had heightened communal tension within the area and that the rioting which started on 7th January 1993 in the area was also started by Muslims.
5.42 A curious fact came to light with regard to the manner in which the Shiv Sena was doing propaganda to prejudice the mind of the management of Mazgaon Dock. Some of the accused arrested in connection with the rioting near Star Cinema were Muslims. The Shiv Sena Union represented to the authorities of Mazgaon Dock that Mazgaon Dock was a high security area and that the Muslims accused in offences for rioting should not be allowed to enter the Dock areas. As a next step, the Shiv Sena propagated that, all persons belonging to Muslim community are unreliable and all Muslim workers should be prevented from entering the Mazgaon Dock area. Boards to that effect were put up in the Mazgaon Dock area. The Hindu residents of Kasar Galli, which is mainly used for passing through to Mazgaon Dock, took upon themselves the burden of enforcing this injunction of the Shiv Sena.
5.43 The manner in which the riot–related offences were investigated by the police, both in December 1992 and January 1993, give the distinct impression that the police were won over by the activists of Shiv Sena.
5.44 In C.R.No.591 of 1992, the complainant, Abdul Haq Kasim Ali Ansari, owned a tailoring business, Tabussum Enterprise, at Narielwadi, Mazgaon. On 7th December 1992 his establishment was attacked by Hindus from his locality with whom he was very familiar. Abdul filed a complaint bearing C.R.No.591 of 1992 in which he named the miscreants as Sada, Chotu, Sunil, Rajesh Mhatre and 15–20 other persons. The miscreants had looted his establishment, carried away some valuable machinery and set fire to the establishment. All miscreants were from Narielwadi and stayed right opposite his establishment and he knew them for more than 15 years. He also knew the residential addresses of Sada, Rajesh Mhatre, Sunil and Chotu and that every day they used to sit and play cards with the police.
When the incident of attack and looting took place, Senior Police Inspector Patankar, Inspector Wahule and Sub–Inspector Ram Desai were present near his establishment and the entire incident of looting the properties took place under their very noses without any attempt being made to stop the miscreants. Again, during the night of 7th December 1992, Sada and Chotu were seen sitting and chatting away with Inspector Wahule and some constables on bandobust duty right opposite the factory of Ansari. In the morning of 8th December 1992, between 0530 to 0600 hours, while the policemen had moved away, Sada, Chotu, Sunil and Rajesh, and some other persons, again attacked the factory of Ansari with stones. Ansari made a complaint on telephone to the Byculla Police Station requesting for police help. Senior Police Inspector Patankar told him that there was some staff already on bandobust who would take care of the situation.
Between 0730 to 0830 hours police came to the spot. This time the police party was led by Inspector Wahule who barged into the factory and started assaulting Ansari and his cutter–master with an iron rod, resulting in fracture of his hand. Ansari was thereafter dragged by Police Inspector Wahule to the police van and taken away to the police station, being assaulted all the time. Half the number of his workers had run away because of fear and the other half locked themselves inside the factory. The police broke open the factory’s entrance and arrested the workers inside.
While Ansari, his brother and others were in lock up, no medical treatment was made available to them, and whenever a complaint of pain was made by Ansari, officers Desai and Wahule retorted that they should consider themselves lucky that they had only broken hands and not broken legs. To add insult to injury, the police filed a false case against Ansari and his workers. The Criminal Court released him on bail on 15th December 1992. On 18th December 1992 Ansari handed over a written complaint to the police station. On 19th December 1992 Inspector Wahule came to the factory and made a panchnama. Nothing was heard till 4th January 1993. On 4.1.93 Ansari was called to the police station. Inspector Wahule insisted that he would have to compromise with Sada, Chotu, Sunil and Rajesh Mhatre. Ansari refused to do so. Ansari’s signature on his purported statement in original C.R.No.591 of 1992 was taken on that day. Inspector Wahule impressed upon Ansari that since the C.R. had already been prepared and registered on 29th December 1992, Ansari’s signature should be backdated to that date and Ansari complied with this request.
Ansari denied the contents of his so–called statement. He asserted that Sada, Sunil, Chotu and Rajesh Mhatre were activists of Shiv Sena and that he had never made a statement to the police that he was mistaken about the identity of Rajesh Mhatre or that he did not know Sada, Chotu and Sunil since they were outsiders. Ansari asserted that the full name of Sada is Sadashiv Shankar Deshmukh, who resides in Sai Krupa building and is popularly known as Sada by the people in Narielwadi. He used to be an activist of Chagan Bhujbal, when Bhujbal was in Shiv Sena. Ansari denied that he had told the police that the Sada named by him in his statement was not Sadashiv Shankar Deshmukh, resident of Sai Krupa building.
The evidence of Senior Police Inspector given on this issue before the Commission appears to be wholly unreliable. The Senior Police Inspector was asked searching questions by the Commission and from the answers given by him it appears that the entries in the case diaries were fabricated in order to oblige Sada, Chotu, Sunil and Rajesh Mhatre. Taken in conjunction with the evidence of Ansari on oath, the Commission has no doubt that there was deliberate scuttling of the investigation by the police, because the accused were influential Shiv Sainiks. Inspector Wahule, Sub–Inspector Ram Desai and Senior Police Inspector Patankar are squarely to blame for this. (Section 8–B notices issued)
5.45 In a case of attack on one Anwar Karim Mulla, who was chased and stabbed opposite Shirin Manzil, Tadwadi, one of the arrested accused, Krishna Narayan Rane, is a Shiv Sainik. Though the papers in the C.R. do not indicate this fact, the Senior Police Inspector admitted the said fact.
5.46 The Hindus virtually terrorized the Muslim residents in the areas along Shivdas Chapsi Marg right upto Hancock Bridge, and in the Malpakhadi area, leading to a feeling of insecurity in the minds of the Muslim residents causing exodus of Muslims to safer places. In the subsequent looting and ransacking of properties in this area, which is the subject matter of C.R. No.15/93, out of the 73 properties damaged, 66 belonged to Muslims and seven belonged to Hindus.
5.47 In the incidents which are subject matters of C.R. No. 20/93, under stress of cross–examination, Senior Police Inspector Patankar admitted that Durga Bhavan and three adjoining buildings situated at D’Lima street are inhabited by Hindus and that the Hindu residents of those buildings were throwing stones and soda–water bottles on the Muslim establishments situated on D’Lima Street.
5.48 There is a building by name Meena Apartments on Chapsi Bhimji Marg, Mathar Pakhadi. On 9th January 1993 the Muslim houses in that building were broken open and ransacked between 2300 to 2400 hours. Significantly, there was an armed picket of three to four policemen stationed at about 50 to 60 yards from the entrance to Meena Apartments. In C.R.No.25 of 1993, despite the witnesses naming a large number of Hindu persons as miscreants, only two have been arrested and the rest are said to be absconding.
5.49 This is another area where the Mahaartis led to violence. The police, of, course maintain that the Mahaartis passed off peacefully and did not result in any violent activities.
5.50 The records of the police do not show what really transpired. Although the Commissioner of Police had instructed that, in the event of complete blocking of traffic, cases had to be registered against the organizers of the Mahaarti, the police found a convenient excuse to evade action by saying that the traffic was diverted through some other area and therefore it would not be a situation of complete blockage. This happened with regard to the Mahaarti between 2015 to 2040 hours on 9th January 1993 at Hanuman Mandir on Dr. Babasaheb Ambedkar Road.
5.51 Another strange feature here is that out of five Mahaartis held in this area, the Mahaarti held at Hanuman Mandir on Dr. Mascerenhas Road on 9th January 1993 and another held on the same day at Hanuman Mandir B.A. Road, were held during the period when curfew orders were in operation. Senior Police Inspector admitted that despite the operation of the curfew order he had, on his own responsibility, taken a decision to permit the Mahaarti as otherwise the situation would have deteriorated. This he did, notwithstanding the instructions of the Commissioner of Police by B.C. Message that the curfew order had to be implemented strictly.
5.52 The Mahaarti was not a surprise event. The timings of Mahaartis were publicized in advance and the police very well knew them. Even the Assistant Commissioner of Police of the division, Chavan, was present during the Mahaarti. The curfew order was reduced to a farce in view of this attitude of the police. The assertion of the Senior Police Inspector that there was no violence in the wake of Mahaartis was proved false in view of the wireless messages exchanged between the Control Room and Byculla Mobiles and the Assistant Commissioner of Police’s mobile. The Assistant Commissioner of Police, Byculla Division, gave a message (page 21 of Cassette 34/A dated 9th January 1993) in which he said that the people coming from the Mahaarti at Sant Savta Mandai, Dr. B.A. Road, were indulging in riots. Though the Assistant Commissioner of Police clearly said that the people coming out from the Mahaarti were indulging in "danga" (riot) and was himself present at the place of incident, Patankar maintained that the people were merely singing bhajans and songs and shouting slogans like "Jai Bajrang Bali". This is another instance of over–enthusiasm on the part of the police officers to cover up the fact that the Mahaarti did lead to violence. Under persistent cross–examination, the Senior Police Inspector was forced to admit that, as soon as the Mahaartis at Hanuman Mandir and Anjirwadi on 9th January 1993 took place, there were riotous and violent incidents in areas within a half–kilometre radius from the sites of the Mahaartis.
5.53 Finally, Senior Police Inspector Patankar admitted that a serious incident narrated in paragraph 33 of his affidavit took place on 9th January 1993 soon after the Mahaarti, and it must have been done by the crowd dispersing from the Mahaartis, but because the police were extremely short of manpower, they were unable to maintain adequate bandobust at the places of incidents. That the police were short of manpower and, therefore, such incidents took place is understandable; the crude and pathetic attempt to prevaricate and mislead the Commission on this issue is despicable.
5.54 The people who participated in the Mahaartis were unarmed according to the police. However, after the Mahaarti, while the dispersing crowd went on rampage and indulged in riotous and violent activities, they appeared to be magically armed with iron bars, crow–bars and such other articles used to break open the shops. The police explanation for this magical presence is that the people might have gone home and picked up such weapons!
5.55 Though the police maintain that, despite their best efforts, they had not been able to identify the people who fomented the trouble in December 1992 or January 1993, the Control Room wireless conversations give an indication. For example, in the Control Room Cassette 39/B page 15 dated 10th January 1993 corresponding to Log Book Entry of the Wireless Control Room at 0010 hours on 10th January 1993, there is message from Control Room to Senior Police Inspector Byculla, that on Gun Powder Road and Chapsi Bhimji Road, Shiv Sainiks had congregated. The Commission assumes that they had not congregated at the height of the riots, and in the dead of the night, to sing bhajans and kirtans (songs of devotion).
5.56 The evidence of the private witnesses examined before the Commission makes very unhappy reading, clearly showing the bias of the police. The police were not promptly attending to complaints made by Muslim victims and, on occasions, the Muslim victims who went to complain were taunted for being Muslims and were themselves falsely charged with offences.
5.57 From the evidence of Gausia Abdul Aziz Shaikh, it would appear that the Muslim residents of Pathan Chawl were attacked with stones and soda– water bottles on 10th January 1993. When there was a complaint made by one Sultanbhai residing in the building, the police arrived at the spot, but instead of chasing away the miscreants and taking action against them, the police misbehaved with the residents of Pathan Chawl. This led to a protest morcha by Muslims to the police station. There was also a counter–blast protest morcha by the Hindu ladies claiming that the police were harassing Hindus.
5.58 There is one incident which is very serious in the view of the Commission and amounts to cold–blooded murder by the police. Between 1100 to 1130 hours on 10th January 1993, after having arrived at Pathan Chawl, the police forcibly entered the premises of the Muslims and started picking them up. They entered the residence of one Hasanmiya Wagle, terrorized the wife of Hasanmiya and his daughter Yasmin at the point of rifle, picked up Hasanmiya’s 16–year–old son, Shahnawaz, and dragged him out, all the while kicking him and assaulting him with rifle butts. Yasmin Hasan Wagle, saw Shahnawaz being taken towards police vehicle, when one of the constables standing behind him shot him from behind, almost at point blank range. Immediately, the policemen dragged the body of Shahnawaz by the feet and dumped it in the vehicle and took it away. Yasmin and her mother came down later and saw that the spot where Shahnawaz was shot down had a pool of blood.
5.59 Yasmin Hasan Wagle is a young, intelligent and educated girl who gave evidence before the Commission. Her evidence was precise and clear, though punctuated with bitter sobs. The Commission is inclined to accept her evidence as true. In fact, after recording her evidence, the Commission had directed the Commissioner of Police to make an inquiry into this grisly incident.
The Commissioner of Police directed the Deputy Commissioner of Police of Zone–IV, Surindar Kumar, to hold an inquiry. Surindar Kumar held an inquiry and submitted a report to this Commission which is at Exhibit 2060(P) (Collectively). Despite overwhelming evidence which, in the opinion of the Commission, clearly indicts the police for cold–blooded murder of Shahnawaz, the Deputy Commissioner of Police has adroitly white–washed the affair and recorded a finding that the statements of two/three witnesses could not be safely relied upon and that Yasmin or other witnesses had never reported the incident to the police.
It would be a sheer waste of time of the Commission to scan the record of the enquiry or the manner in which it was held and the atrocious findings recorded therein. The Commission cannot, however, but highlight the statement of Manohar Pandharinath Gobdule, Police Naik No.9217 recorded on 24th June 1994 by Deputy Commissioner of Police Surindar Kumar. The said police Naik stated that on 10th January 1993, at about 1130 hours, Police Sub–Inspector Fadtare and PC 17385 (Devdutta Ramaji Yadav) of Byculla Police Station brought injured persons in a public Matador No. BLB 4530 working under Byculla Police Station and that he was present there at that time. The name ‘Wagle Taher Shah’ is entered in the APR register vide Sr. No.343, where the remark "bullet injury" is shown and the patient is shown as having expired on 11th January 1993.
Devdutta Ramaji Yadav (PC 17385) obviously prevaricated when he stated that he did not go to Pathan Chawl locality on 10th January 1993, did not admit any injured person in J.J. Hospital or that he did not know who admitted the injured persons. Similarly, according to the statement of Police Sub– Inspector Jagganthrao R. Fadtare, recorded on 18th June 1994, he was not even aware that one Shahnawaz Hasanmiya Wagle was injured in police firing or that he died in police firing. According to Fadtare, he had recorded the statement of PN 18422 Gowalkar about the riots which took place and that there was no mention in the FIR about any person being injured or dying in consequence of police firing. Fadtare barefacedly lied that no person injured in police firing was brought to the police station, nor was he given information about any such person taken to hospital.
5.60 That the concerned Police constable and the Sub–Inspector were lying is evident. That the Deputy Commissioner of Police glibly recorded his finding that ‘the evidence of the Muslim witnesses was unreliable’ indicates either that there was utter non–application of mind to the statements before him, or that he was a party to the brazen cover–up of what is virtually cold–blooded murder of one young Muslim boy, irrespective of whether he was accused of any offence or not. The Commission strongly feels that this is a matter of which the Government must take a very serious notice, and have it investigated by an impartial agency and take strict action against the guilty persons. Yasmin and her father have disowned their purported statements recorded by the police and have said that no such statements were made by them.
5.61 The evidence of Dilip Narayan Vijapurkar, an activist of Bharatiya Janata Party, brings out that several activists of Bharatiya Janata Party and Shiv Sena reside in Haji Kasam Chawl. Though he maintains that the trouble was started on 6th and 7th December 1992 from the Muslims who continuously threw stones at the residences of the Hindus, resulting in injuries to some Hindu residents, he says that if the Hindus had not retaliated, they would have been finished in the 20 or 25 minutes that the police took to come to the spot. Of course, according to him, the "retaliation" merely consisted of picking up planks of wood and using them as shields to protect themselves.
5.62 As to the trouble which took place in January 1993, Dilip has something interesting to say. According to him, on 10th January 1993 he was at home and the moment the news spread that one Prasad Mahadeo Kochare, a resident of the chawl aged about 22 was killed, the rioting started and the attack immediately started from all three sides. The news which spread was that Kochare had been killed by Muslims, and according to Dilip, along with the news the attack also started. Again, the Hindus retaliated, but apart from throwing small bottles like milk bottles, hair–oil bottles and cups and saucers, there was no further ‘retaliation’ by Hindus who merely called the Byculla Police Station to send help. There is an element of the comic in this story. Prasad Kochare, innocent, apolitical, quiet and peaceful man, was presumably killed by Muslims. If this news spread, then it would be impossible to think that the Muslims should mount the attack. The attack obviously must have started from the Hindus enraged because of Prasad Kochare being killed. Undoubtedly, the witness tried to underplay the role of the Hindus, but unwittingly gave a glimpse of the truth. Dilip’s version needs to be accepted with a pinch of salt in view of the fact that he was himself an accused in riot cases and also an externed goonda.
5.63 The evidence of Rajendra Yeshwant Shirke brings out the role played by Shaukat Barmare, Faiz, Zuber, Junaid and other Muslims in attacking the people moving in vehicles and/or foot along Barrister Nath Pai Marg on 6th December 1992 and supports the version of the police that the Barmare brothers were instigating trouble.
5.64 The evidence of Laxmi Narayan Ramchandra Bhattad, a lessee of some of the plots of Reay Road on which timber godowns had been constructed, suggests that one Hyderali and his son were instrumental in creating trouble and setting fire to the godowns of timber establishments on Reay Road, which resulted in heavy losses. According to him, the police had failed to take action despite a previous warning of the attack on his godowns and he strongly felt that the police might have acted ‘on instructions from political leaders’. Bhattad certified that the basis for this belief was that during the riot periods a number of MLAs and corporators used to regularly visit Byculla Police Station and Hyderali himself was on the Peace Committee.
5.65 The evidence of Shabbir Abdul Hussain Tambawala, resident of Meena Housing Society, Mazgaon, Mathar Pakhadi Road, shows that the attack on his building came in full view of a police picket which was hardly 150 feet from the gate. In fact, he says that two policemen with arms had come there and were standing near the locked gate of the building, when the Hindu miscreants were jumping over the gate of the building to attack the Muslim residences. The role of one Assistant Police Inspector Jaiswal in connection with this incident corroborates the suspicion that the police were collaborating with Shiv Sainiks. According to Shabbir, one Shekhar, a Hindu resident of the building, was responsible for the attack on his house. He made a complaint about the entire incident on 9th January 1993 which was registered only as a non–cognizable offence on 25th February 1993 by the police. According to the witness, Shekhar was warned in the presence of Shabbir and nothing further was done. Interestingly, when Assistant Police Inspector Jaiswal, the police officer concerned, called Shekhar and Shabbir to the police station, some of the local leaders of Mazgaon, Shashi and Anant Narayan Shingre, a local Shiv Sena Shakha Pramukh were present there. Assistant Police Inspector Jaiswal counselled Shabbir that during communal disturbances some such incidents were bound to take place, that he should not take them seriously if he intended to continue to stay in the same locality and that he should give in writing that he was compromising the matter. Shabbir of course refused to give any such thing in writing.
5.66 The evidence of Sayyed Mahomad Hussain, the owner of a Confectionery shop in Kanji Allarakha Building on Mathar Pakhadi Road also suggests that the police were biased against the Muslims and were collaborating with the Shiv Sena. This, despite Sayyed’s attempt to be on the good books of ex–Shiv Sena leader, Chhagan Bhujbal, by sending him a 4 kg. chocolate cake in the shape of bow and arrow (the election symbol of Shiv Sena). He says that he did not make any complaints earlier, as he was scared. The main persons behind the attacks on the Muslim shops including his shop were Praful Naik and Ram Naik, Bharatiya Janata Party activists. According to him, despite repeated attempts made by him to contact Byculla Police Station, he was unable to get through. He then called the Commissioner of Police and made a complaint with one Virani, secretary of the Commissioner of Police. When he attempted to make a second call to the Commissioner about another event, he was snubbed by Virani.
5.67 By an order dated 8th June 1994, the Commission had issued a notice under Section 8B of the Commissions of Inquiry Act to Police Sub–Inspector Wahule in view of the serious allegations made against him in the evidence of Abdul Haque Kasimali Ansari. On 4th July 1994, Police Sub–Inspector Wahule appeared before the Commission in response to Section 8B notice and stated that he did not desire to be represented by independent counsel and he would be satisfied with representation by the counsel for the police before the Commission. He also did not file any explanation in the matter with regard to the allegations made against him.
6. Colaba Police Station
6.1 The jurisdictional area of this police station is about 2.59 sq. kms. About 80% of the residents of this area are highly educated Hindus belonging to the upper strata of society, though the area also has its share of slums like Sundar Nagari, Azad Nagari, Sudam Nagari, Darya Nagari, Geeta Nagar and Ganesh Murti Nagar abutting the seaface which are inhabited both by Hindus and Muslims. About 80% of the slum population comprises Hindus and the rest Muslims.
6.2 During December 1992, though there was increase in communal tension on account of the atmosphere prevailing elsewhere in the city, there were no communal incidents at all in this jurisdiction. This fact has considerable significance and leads to the inference that the communal incidents which occurred in January 1993 might have been engineered by interested persons.
6.3 In January 1993, the local Shiv Sena and Bharatiya Janata Party workers organized Mahaartis on 7th, 8th, 9th and 10th. The Mahaarti on 9th January 1993 organized by the Shiv Sena Shakha Pramukh at Hanuman Temple, Colabawadi, between 1940 to 2040 hours was attended by a number of local Shiv Sena leaders, apart from about 2000–2500 others. There was no incident after this.
6.4 The Shiv Sena organized another Mahaarti at Veer Bajrang Temple, at the junction of S.B. Road and Arthur Bunder Road, Jaggannath Jairam Palan Chowk, between 2000 to 2100 hours on 11th January 1993. The crowd dispersing from this Mahaarti appeared to be angry and restive and, for that reason, was accompanied by police officers. When the crowd came near Blue Star Company, the crowd started running, looking for one Abdul Razak alias Aba Kalsekhar, a local Muslim and a known goonda. In the meanwhile, Abdul Razak alias Aba Kalsehkar appeared on the scene. It is alleged by the police that he and three or four of his associates were armed with swords and were abusing and threatening the members of the public and the police; suddenly there was a scuffle and the mob attacked Aba Kalshekar with sharp weapons. The police story is that he had attempted to assault one of the police constables with a sword as a result of which there was firing. Four to five rounds were fired by the police at the end of which the police recovered the bleeding body of Aba Kalshekar, who was declared dead before admission by the hospital.
6.5 The story set up by the police rings hollow. Senior Police Inspector Upendrabahadur Ramadhar Singh, (Witness No.140), says that the crowd which attended the Mahaarti was peaceful and not carrying any weapons, that the speeches delivered by the Shiv Sena local leaders were absolutely innocuous and contained little else except exhortation to the public to attend Mahaartis, the details of which were given on the public address system. The port–mortem report of the body of Abdul Razak alias Aba Kalshekar shows that he had 45 serious stab and incised injuries in addition to one injury caused by fire–arm, all injuries being ante–mortem.
6.6 That the crowd was chasing Abdul Razak with murderous intent is apparent from the statements of all witnesses recorded in the concerned case (C.R.No.13 of 1993). It is unbelievable that the peaceful crowd suddenly came to posses lethal weapons, as if by magic. That the crowd was angry when dispersing from Mahaarti, is the testimony of Senior Police Inspector Singh and the statements of the other police officers. The statements recorded in the case seem to suggest that Abdul Razak had swung his sword at the head of P.N. No. 985, who ducked, and when Abdul Razak attempted to strike another blow with his sword at P.N.No.985, Police Sub–Inspector ordered him to fire. No one is sure whether Abdul Razak was injured in that firing. According to the statement of Suresh Pandurang Ithape, P.N. No. 3181, Aba continued to run towards Azadnagari, all the while brandishing his sword. In the meanwhile, the mob with murderous intentions surrounded Aba and hacked him to death.
Ithape says that he had fired one round from .410 musket which resulted in dispersal of mob. When the police party advanced, they found the body of Abdul Razak lying in a pool of blood with multiple injuries and shifted his body to St. George’s Hospital where he was declared dead before admission. Senior Police Inspector Singh admits that the mood of the mob appeared to be that, because Abdul Razak was a Muslim and had given cause for offence, the property belonging to Muslims must be destroyed. If the Police version is true, then at one point Abdul Razak must have been close enough to the police party to strike them with his sword. It is surprising as to why he was not overpowered and had to be shot, at almost point blank range.
The Commission feels that this is a case where the police not only passively allowed a local goonda to be exterminated by the blood–thirsty mob, but actively aided the mob by firing upon Abdul Abdul Razak. The fact that he might have been a notorious criminal of the area would be no justification for the police to allow his being hacked by the mob. In the view of the Commission, the entire police party which was at the scene of the offence comprising Sub–Inspector Vasant Madhukar More, Assistant Police Inspector Sahebrao Hari Jadhav, P.N.No.3181 Suresh Pandurang Ithape, P.N. No. 985 Shivaji Govindrao Kashid, P.N. No.22338 Hanumant Pandurang Chavan, H.C. No. 3649 Gopichand Shaitram Borase is culpable for the cold–blooded murder of Abdul Razak.
The story of the police that Abdul Razak was carrying a sword and brandishing it also does not seem true, since the panchanama made contemporaneously does not disclose seizure of a sword. It is tepidly suggested by the police that the sword was later on deposited by a police constable as having been seized at the spot. The crowning irony of the situation is that the FIR registered vide C.R.No.13 of 1993 is not for murder of Abdul Razak, but treats him as an accused who was attempting to commit murder, voluntarily cause hurt to members of public with sword and attempting to promote enmity between different groups on the basis of religion, offences under Sections 307, 304, 153A and Section 34 of the Indian Penal Code. The fact that the statement of Banu Abdul Razak Kalshekar, widow of Abdul Razak Kalshekar, was neither treated as an FIR, nor was a complaint registered in respect of his death, fortifies the conclusion that the police connived in the elimination of Abdul Razak.
6.7 The mood of the mob to destroy the property of Muslims, sensed by Senior Police Inspector Singh, appears to have been translated into action over the next three days. The area saw a case of arson of a pav stall and a chappal stall of a Muslim on 12th January 1993 (C.R.No.15 of 1993), arson of a cycle shop of a Muslim on 13th January 1993 (C.R.No.18 of 1993) and the throwing of a burning bottle on Colabawadi Mosque on 20th January 1993 (C.R.No.23 of 1993). All these cases have been classified in "A" summary on the ground that the identity of the accused could not be established.
6.8 Despite the vehemence with which Senior Police Inspector Singh maintained that the Mahaartis organized in his jurisdiction by the local Shiv Sena shakha leaders went off peacefully and that there were no inciting speeches made therein, it appears too much of a coincidence to believe that the area which was calm and quiet upto the time the Mahaartis were conducted, without reason, suddenly erupted into incidents of communal violence. It appears obvious that somebody was engineering the incidents. The clue to this is given by the Confidential Source Report. The SB–I, CID had by a Source Report warned all the police stations that Hindus returning from Mahaartis, particularly Shiv Sainiks, were likely to indulge in damaging and looting of Muslim establishments. Despite such a Source Report, the Senior Police Inspector considered it advisable to allow the Mahaartis as he felt that refusal to allow them would have created bigger law and order problem. Senior Police Inspector Singh is equally culpable for the consequences of the Mahaartis.
6.9 The Commission is inclined to think that the circumstantial evidence on record is too strong to accept the theory of the police that there was no connection between the Mahaartis and the communal incidents.
7 Cuffe Parade Police Station
7.1 On 7th December 1992 three persons attacked the petrol pump on Madam Cama Road adjacent to Mantralaya, threatened the staff at the point of revolver and attempted to set fire to the petrol pump. Although the miscreants fired four rounds from the revolver, none was injured in the firing. An offence (C.R.No.546 of 1992) was registered by the police station. As a result of the investigations, one Aslam Koradia, a known Muslim criminal, came to be arrested.
7.2 On 8th December 1992 there was an incident in which some unknown persons set fire to a cold drink stall of one Muslim near Chandramukhi building on Barrister Rajni Patel Marg (C.R. No.547 of 1992).
7.3 On 9th December 1992, at about 0100 hours, one wooden tea stall belonging to a Hindu situated behind Hotel Oberoi, Nariman Point, was set on fire (C.R.No.548 of 1992).
7.4 Barring these incidents, there were no other incidents with communal overtones during December 1992.
7.5 On 10th January, 1993, at about 1415 hours, a wooden kiosk of a Muslim situated on the footpath on Dinshaw Vaccha Road, and two hand-carts, were set on fire. One Christian, Francis Joseph Pereira, and three Hindus, Ajit Sadashiv, Raju alias Chandrashekhar and Dattaram Shetty were arrested in connection with this offence and are standing trial. On the same day, between 2000 to 2230 hours, a pan bidi stall of a Muslim situated opposite Express Towers, Nariman Point, was set on fire. An offence vide C.R.No.16 of 1993 has been registered but the accused have not been traced.
7.6 On 13th January, 1993, at about 2035 hours, the car of one Jaykumar Dhond proceeding along General Jagannath Bhonsale Marg was accosted and pelted with stones by unknown accused resulting in injury to said Jaykumar (C.R.No.20 of 1993). Accused are untraced.
7.7 On 14th January, 1993, at about 2300 hours, an armed mob of rioters surrounded two persons and, after ascertaining the religion of the victims, attempted to kill them. One Hindu, Suresh G. Goswami, was killed, though the other escaped. The incident occurred in front of Palm Spring Building, G.D. Somani Road (C.R.No.23 of 1993).
7.8 Between 14th January to 16th January, 1993, three Hindus Ramprasad Hemant, Omprakash Sharma and Laxman Jaysingh Khude, threatened one Muslim, Shabbir Mohamad Umar Shaikh, at the point of knife and attempted to extort money from him (C.R.No.29 of 1993). The accused have been arrested and are standing trial. On 14th January, 1993, there was a serious incident of rioting and murder in which one person was stabbed to death by a mob (C.R.No.23 of 1993). It appears that the murder was due to mistaken identity. The miscreants were Hindus on the look out for Muslims. When the victims, both Hindus, were accosted, one of them revealed his identity as a Hindu and was let off. The other person, though a Hindu, started running away. The mob chased and killed him, believing him to be a Muslim.
7.9 On 18th January, 1993 at 0300 hours, motor scooter No. MMC 8359 of one Hindu, Shrikant Dattaram Tade, was set on fire (C.R.No.30 of 1993).
7.10 On 22nd January 1993 at 1445 hours, a motor–cycle of one Mahendra Galabhai was set on fire near Chandramukhi Building (C.R.No.40 of 1993).
7.11 This area saw a number of Mahaartis organized by the Shiv Sena. In all, there were ten incidents of arson/attempted arson, but arrests have been made only in three cases, C.R. Nos. 546 of 1992, 16 of 1993 and 29 of 1993.
7.12 During the January 1993 phase of the rioting, some of the watchmen of the buildings in this area were accosted by miscreants who attempted to elicit particulars of the Muslim residents. This led to panic in the area and most of the societies dismantled name plates showing Muslim names. Though Senior Police Inspector Shukhla and Assistant Commissioner of Police Kundalkar say that this was a mere rumour and that none of the watchmen was able to give accurate information about such persons, the fact that such panic spread, even in buildings like Buena Vista, occupied by retired and current senior Government and Police officers, testifies to the terror generated. Combing and search of the Macchimar Nagar zopadpattis by the Police led to seizure of weapons like swords and choppers. Interestingly, the searches were conducted on the basis of reliable information which proved to be true. The Commission cannot but notice the strange coincidence that the Shakha Pramukh of local Shiv Sena Shakha resides in Macchimar Nagar.
8 D.B. Marg Police Station
8.1 This jurisdictional area has a majority of Hindu residents, but there are several Muslim residences and commercial establishments in the areas close to the border of V.P. Road, Nagpada and Tardeo Police Stations.
8.2 During December 1992, the police station registered four communal incidents, out of which one (C.R. No.592 of 1992) pertains to an incident in which one Muslim male died of injuries in a stone throwing incident at Dreamland Cinema.
8.3 One Hindu was injur