By Abdul Hameed, TwoCircles.net,
Mumbai: The Bombay High Court came down heavily on the state government and the CBI in Hari Masjid firing case on Monday and asked the central investigating agency why it had denied investigation into the case.
“The CBI will have to investigate the matter to restore the faith of all the sections of our society in the system,” the court said.
Farooq Mapkar, who was injured in Hari Masjid firing, had filed a petition in Bombay High Court asking CBI inquiry in the matter.
It was on January 10, 1993 when a police contingent led by then Sub Inspector Kapse opened fire at the Muslims offering prayer in Hari Masjid at Wadala under RAK Marg Police Station. Six persons, all Muslims, died of police firing and one Hindu, Kamlakar Sudhakar Ghadge, died as a result of burns.
The police said that it resorted to the firing to control the mob of 2,000–2,500 Muslims who armed with deadly weapons gathered near Hari Masjid and were menacingly advancing on RAK Marg towards Sukkur Panchayat Bhavan and Sahakar Nagar, setting fire to huts and vehicles. It also claimed that there was private firing from Hari Masjid. The police, as it said, arrested fifty miscreants on the spot out of which 17 were allegedly found with deadly weapons.
However, the Sri Krishna Commission report (on the 1993 Bombay riots) tells another story supported by solid evidences. It says that the police did unprovoked firing in Hari Masjid when Muslims were offering prayer.
‘Witnesses categorically assert that the Muslims numbering about 100 had gathered for the afternoon namaz between 13:00 to 13:30 hours and while they were in the process of namaz suddenly police barged in and started shooting. That the police entered the premises and resorted to shooting is clearly established by the evidence.’
The report also says that there is also no panchanama indicating seizure of weapons from any of the arrested accused.
The then assistant police inspector Nikhil Kapse, was held “guilty of unjustified firing” and “inhuman and brutal behavior” by the Sri Krishna Commission. But no action has been taken against the police so far.
Advocate Shakeel Ahmad said, ‘These are the reasons that we filed a petition for CBI inquiry in the case.’
The Bombay High Court heard the petition for about two hours and asked the state government advocate why the police not lodged any FIR if anything had happened.
“Last week the CBI agreed to investigate a case where somebody’s wall was broken. And for a case like this you don’t have resources?” Justice FI Rebello asked. “It’s a case that affects the very soul of India.”
The court also expressed its anxiety over the fact that the state’s Special Task Force (STF) had completed its examination in two months after the Sri Krishna Commission came out with its report in 2000. The court was appalled to find that the STF had not recorded the statements of any of the seven injured people. “When a sitting judge gives a finding saying there is prima facie offence, how can the STF say there is nothing in the matter even without examining any witnesses?” Justice RS Mohite asked.
During the argument Farooq said that the CBI had declined to conduct investigation into Hari Masjid firing case. Advocate Shakeel told that the court also wanted to know from the government the reason behind declination of CBI to investigate the case.