By IANS
New Delhi : Seeking details of alleged lapses in the probe and prosecution of cases related to the 1992 communal violence in Mumbai, the Supreme Court Wednesday indicated it may order a re-investigation – just as it had done with the 2002 Gujarat carnage.
A bench headed by Chief Justice K.G. Balakrishnan gave the directions while hearing a petition seeking implementation of the Justice B.N. Srikrishna report on the communal carnage that swept the metropolis soon after the demolition of the Babri Masjid in Ayodhya, Uttar Pradesh, on Dec 6, 1992.
The bench, which also included Justice R.V. Raveendran and Justice Dalveer Bhandari, sought details of lapses in the probe and the trial from the petitioner, a lobby group called the Action Committee for the Implementation of the Srikrishna Commission Report.
"If there is complete failure of justice, it will certainly be looked into. In Gujarat riots we had ordered registration of cases, reinvestigation and proper prosecution," it said.
The bench added that it would be able to give directions for fresh probe or trial only after it was apprised of specific instances of lapses by the Maharashtra government in booking the perpetrators of the violence.
The apex court said it could not pass a general order for implementation of various recommendations and findings made by the Srikrishna Commission of Inquiry, unless specific lapses were pointed out.
Accordingly, the bench asked the petitioner to compile instances of lapses as per the commission's findings as well as the three Action Taken Reports (ATRs) submitted by successive state governments in 1998, 2004 and April 2007.
The bench told the petitioner that its affidavit should contain details of the number of cases registered, specific cases that had not been registered despite complaints, discharge of accused persons, failure in conducting the prosecution or any other glaring lapses that allegedly led to the accused going scot-free.
The petitioner told the bench that despite three ATRs, the real instigators and perpetrators have gone free owing to their political influence.
Some 900 people were killed in the religious violence. Justice Srikrishna, then a judge of the Bombay High Court, was appointed head of an inquiry commission into the violence.
The commission had indicted several political leaders and police officers for their active support or tacit approval in fomenting the communal trouble.