The eager wait for the judgement in the 1993 Bombay blasts
case is easy to comprehend; it is a crucial form of redress for the 200
families who lost dear ones in the serial blasts – a message that the
Indian system delivers justice to one and all for all crimes, especially
mass crimes of unspeakable brutality.
But as the media and thus the nation awaits the verdict in
the bomb blasts case (now postponed to September 12), the bomb terror of
March 12, 1993 must be recalled with the same horror as the mob terror of
December 6, 1992 in Ayodhya, resulting in the loss of hundreds of lives
all over the country, must be rehauled in public memory.
"The soul of India was seared on December 6, 1992"
(as an editorial in India Today put it). The soul of Bombay was
forever scarred with the brute mob violence that held us to ransom from
December 8 to January 20, 1993. Mobs stalked streets that were likened to
Nazi Germany (by jurist NA Palkhiwala and Justice Bakhtawar Lentin of the
Bombay High Court). The Bombay police connived with mobsters in mass
arson, murder and even rape. Worse still, our political leaders watched as
Bombay burned.
Justice BN Srikrishna, who conducted an official probe
into the violence, had this to say, "One common link between the riots…
and bomb blasts of 12th March 1993 appears to be that the former appear to
have been a causative factor for the latter… The serial bomb blasts were a
reaction to the totality of events at Ayodhya and Bombay in December 1992
and January 1993."
The Srikrishna Commission Report concluded that: "The
resentment against the government and the police among a large body of
Muslim youth was exploited by Pakistan-aided anti-national elements. They
were brainwashed into taking revenge and a conspiracy was hatched and
implemented at the instance of Dawood Ibrahim to train Muslims on how to
explode bombs near vital installations and in Hindu areas to engineer a
fresh round of riots. "There is no doubt that all the accused, except two
or three, are Muslims and there is no doubt that the major role in the
conspiracy, at the Indian as well as foreign end, was played by Muslims,"
says the report. The common link between the riots and the blasts was that
of cause and effect. There were also three or four common accused named in
both the riots and the blasts. The Commission concludes, "There is no
material placed before it to indicate that the riots and the blasts were
part of a common design."
Justice BN Srikrishna, who was appointed to investigate
the post-Babri Masjid demolition violence in Bombay in December
1992-January 1993, recommended stringent action against the criminals, in
and out of uniform. He submitted his report on February 18, 1998. The
issue of implementation of the report’s recommendations and the case
praying for a rejection of the Action Taken Report (ATR) that called the
report biased and ‘anti-Hindu’ have been pending in the Supreme Court of
India for over seven years.
In terms of the specific prosecutions that the report
recommends against policemen and others, there is a sorry tale to tell.
Using the Right to Information Act, I accessed detailed information from
the state home department and the police on case by case details. They
reveal a shocking state of affairs.
Victims in the war on terror
Ayub Kolsawala, Shakil Chotani, Iqbal Batliwala,
Noor Mohd Batliwala, Shohail Nizami, Shahid Chappalwala, Yusuf Haji
Memon, Imran Yusuf Mohammad, Salman Yusuf Mohammad, Farook Mohammad,
Ayub Khan and Ghulam Mustafa. All prosperous garment exporters who
visit trade fairs across the world to do business. Only, this time
the experience turned really sour.
Detained in Amsterdam on August 23 after two US
marshals on board a Northwest Airlines flight from Amsterdam to
Mumbai found their behaviour suspicious, they were detained in a
closed ‘safe-like’ cell for 48 hours in solitary confinement. "We
were like Kohinoor diamonds in a safe," Ayub says in an attempt to
laugh off the trauma.
What did they do to deserve this treatment? "We had
purchased extra mobiles (phones), were handing them to each other
and trying to grab the empty seats to sleep."
What followed was 48 hours in solitary confinement
until the Indian consul general came to their rescue. "Madam Ganguly
(Rivya Ganguly Das) was firm in fighting with the authorities. She
came late in the evening of August 25, after which we were shifted
to a hotel." The Indian media also helped focus on the issue by
interviewing their distraught relatives back home.
"We were terrified of the questions and what would
happen. It was worse because we were in solitary. The questions they
asked us were: Are you a terrorist? – No. Then the Dutch cop
added – One day Osama bin Laden will be sitting where you are."
To add insult to injury, when they were taken back
to Amsterdam airport on August 26 to catch a flight home, it was
only to encounter the same Northwest Airlines crew who simply
refused to fly if they were on board! Finally, the MD of Northwest
Airlines had to intervene and threaten the crew with dismissal if
they did not comply. Nevertheless, one woman crew member refused to
give in and stomped off the flight.
But the unpleasantness at Amsterdam airport was more
than made up for in Mumbai where a warm welcome – from immigration
authorities and the public at large – made the businessmen feel they
had come home!!
– TS
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Srikrishna Commission: Delinquency of police personnel
Excerpts:
"The evidence before the Commission indicates that the police personnel
were found actively participating in riots, communal incidents or
incidents of looting, arson and so on. The Commission strongly recommends
that Government take strict action against the following persons:
"A) Colaba: SI (Sub-inspector), Vasant Madhukar More, API
(Assistant Police Inspector) Sahebrao Hari Jadhav, Police constable
(PC-3181), Suresh Pandurang Ithape (PN-985), Shivaji Govindrao Kashid
(PN-2238), Hanumant Pandurang Chavan and HC-3649 Gopichand Shaitram Borase.
These police personnel were responsible for allowing the violent mob to
hack to death one Abdul Razak alias Aba Kalshekar (CR No. 13 of 1993)."
RTI Findings: All these policemen were acquitted on November 18,
2005.
"B) Agripada: PC-23960 of LA-IV Ashok Naik and Rajaram K.
Bhoir were arrested while indulging in rioting and violent activities (CR
No. 98 of 1993). Ashok Naik was arrested by NM Joshi Marg Police."
RTI Findings: There has been no prosecution of these two policemen.
"C) Byculla: Sr PI (Senior Police Inspector) Patankar, PI
(Police Inspector) Wahule and SI Ramdesai. Their conduct during the riots
was extremely communal. They refused to record complaints in which Hindus
were the accused and harassed and ill treated Muslims. Their conduct
indicated attempt to shield miscreants belonging to Shiv Sena (CR No. 591
of 1992). The Government should also institute an impartial inquiry into
the cold-blooded murder of one young boy, Shahnawaz Hassanmiya Wagle. The
inquiry conducted by Deputy Commissioner of Police, Surinder Kumar is just
an eyewash."
RTI Findings: One trial, against PI Wahule, is pending. All the
rest have been exonerated without trial. There has been no fresh inquiry
into the murder of the young boy, Shahnawaz, as directed by the
Commission.
"D) Dongri: Joint Commissioner of Police RD Tyagi,
Assistant Police Inspector Deshmukh and Police Inspector Lahane of the
Special Operation Squad are guilty of excessive and unnecessary firing
resulting in the death of nine Muslims in the Suleman Bakery incident (CR
No. 46 of 1993)."
RTI Findings: RD Tyagi was discharged on April 16, 2003 but the
state of Maharashtra did not appeal the decision. Others were exonerated
and discharged without being prosecuted.
"E) Mahim: Police constable Sanjay Laxman Gawade was
openly indulging in riots and violent activities while carrying a naked
sword along with Shiv Sena activist Milind Vaidya. Though the constable
was placed under suspension and the sanction of the government was sought
for his prosecution, the sanction has not yet been granted. The Commission
recommends that such sanction should be granted."
RTI Findings: This is the only case where an accused policeman was
dismissed from service, on August 20, 2003.
"F) LT Marg: Assistant Police Inspector Kamath, for utter
dereliction of duty by not acting against the miscreants in the Diamond
Jubilee Compound incident (CR No. 25 of 1993)."
RTI Findings: The PI’s increments were stopped for some months.
There was no prosecution.
"G) MRA Marg: PC-24242 Vidyadhar Raghunath Shelar, Police
Inspector Salvi, Police Sub-inspector (PSI) More. Babu Abdul Shaikh
had been taken into custody by them. But because of their conduct he was
attacked and murdered by Hindu miscreants (CR No. 579 of 1992). Though the
accused, all active Shiv Sainiks, have been arrested, the conduct of the
police personnel is not beyond reproof."
RTI Findings: PC Shelar was kept on minimum pay scale for a year;
no action was taken against PI Salvi.
"H) Nagpada: Police Inspector Dhavale overreacted by
firing at a mob of 10-12 miscreants throwing stones, resulting in injury
to a two-year-old child. Constable Sanjay Bhosale was part of the
miscreant mob which broke open and looted articles from the shop ‘Cat’s
collections’."
RTI Findings: PI Dhavale was exonerated during trial.
"I) Tardeo: PC-7783 Shrirang Pathade, popularly known as
"Richard Hawaldar", was openly collaborating with the Shiv Sainiks in
looting and violent activities."
RTI Findings: PC Pathade was simply transferred and ‘exonerated’ of
all wrongdoing.
"J) RAK Marg: Police Sub-inspector NK Kapse’s act of
unprovoked firing at Hilal Masjid killed seven Muslims (CR No.17 of
1993)."
RTI Findings: PSI Kapse did not appear before Justice Srikrishna
but was simply exonerated through a departmental inquiry.
"K) Antop Hill: Inspector BB Shinge, Sub-inspector
Shivgonda Patil and constables AM Ghadi, AY Kamble, PS Dukare, DR Phadtare,
SP Patil and BK Gaikwad failed to protect the lives and properties of the
Muslim victims."
RTI Findings: Charges were not proved against BB Shinge. Constable
Ghadi was compulsorily retired; Kamble was kept on a minimum pay scale for
two years; Dukare was suspended and kept on a minimum pay scale for one
year; Phadtare was transferred and put under suspension while Patil and
Gaikwad were transferred and exonerated.
(We have also accessed case by case details of crimes committed by
citizens on which the Srikrishna Commission had recommended action. These
details will be carried in the next issue of CC.)
POTA and MCOCA cases
Another level at which the feeling that justice discriminates is being
felt is related to POTA and MCOCA cases in the state. Twenty-two persons
continue to remain under arrest in the 2003 (Ghatkopar, Mulund, Vile
Parle, Bombay Central) blasts and twin blasts (Jhaveri Bazar and Gateway)
case, says advocate Mobeen Solkar, who is handling their defence. Only
Aatif Mulla and one other have been granted bail; these bail applications
have taken more than a year to be heard. "Even at the level of the high
court there appears to be less urgency in hearing these bail applications
though the established law is clear – that the more serious the offence
the more zealously the rights of the accused need to be protected," says
Solkar.
Two persons were actually discharged by the Central Review
Committee about four months ago. This, in law, should mean they must be
released and POTA charges against them must be dropped. But in response to
the application for discharge, the Maharashtra government through its
prosecutor, Ujwal Nikam, has stood adamantly against the discharge. The
court is reluctant to allow discharge without the state consenting. The
appeal against this is pending, clubbed with others in the Supreme Court.
"It is the officer of the state, the PP (public prosecutor), who has not
shown fairness in accepting the verdict of the Central Review Committee.
This clearly suggests that the mind of the state is clearly prejudiced
against allowing the release of any accused, never mind if there is
no evidence against him." This defeats the very safeguards ostensibly
built into laws like POTA which, draconian as they may be, cushion a
wrongfully detained accused against arbitrary, unfair and prolonged
arrest.
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