he
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 the government take strict action
against the following persons:
A) Colaba: SI (subinspector), 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 by Teesta Setalvad: All these
policemen were acquitted on November 18, 2005. Before this the policemen
had simply been transferred.)
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. Earlier, one of them was transferred and thereafter
one has passed away.)
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 the 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. The other policemen have been exonerated without trial. There has
been no fresh inquiry into the murder of the young boy, Shahnawaz Wagle,
as directed by the commission.)
D) Dongri: Joint commissioner of police RD Tyagi,
assistant police inspector Deshmukh and police inspector Lahane of the
Special Operations Squad are guilty of excessive and unnecessary firing
resulting in the death of nine Muslims in the Suleiman Bakery incident (CR
No. 46 of 1993).
(RTI findings: RD Tyagi was discharged on April 16,
2003 but the state of Maharashtra has not appealed the decision. In
October 1995, under the SS-BJP regime, Tyagi was elevated to the post of
commissioner of police, Mumbai. He has the unique distinction of
attempting to destroy the mohalla peace committees. After
retirement he even openly stated that he was a loyal Shiv Sainik!!)
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: API Kamath’s increments were
stopped for some months. There was no prosecution.)
G) MRA Marg: PC-24242 Vidyadhar Raghunath Shelar,
police inspector Salvi, police subinspector (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; the state government did not appeal his exoneration.)
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 subinspector NK Kapse’s
act of unprovoked firing at Hilal Masjid [Hari Masjid] killed six Muslims
(CR No. 17 of 1993).
(RTI findings: PSI Kapse did not appear
before Justice Srikrishna but was simply exonerated through a departmental
inquiry on November 20, 2002. He has since been promoted.)
K) Antop Hill: Inspector BB Shinge,
subinspector 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.)