The Bombay High Court on Monday tightened the noose on the state and central governments for investigating the complaint of Farooq Mapkar, an accused and victim in the Hari Masjid police firing, which resulted in the death of at least seven people inside the mosque during the 1992-93 communal riots.
Observing that “it’s a case that affects the very soul of India”, a division bench of Justice FI Rebello and Justice RS Mohite said that the state will have to register an FIR based on the complaint lodged in August 2006 and the CBI will be ordered to investigate the matter, even though they had declined to do so.
The court is yet to pass any orders as the arguments will continue on Tuesday. The court also commented on the one-sided investigation carried out by the state police following the riots and also the probe done by the Special Task Force (STF) constituted following the Srikrishna Commission report in 2000.
The court was appalled by the fact that the statements of the injured were not recorded even by the STF.
Senior counsel Vijay Pradhan, who is appearing for Mapkar, submitted that the STF never visited the mosque or met any of the injured persons, including Mapkar. “This is not how a criminal investigation should be carried out,” Justice Mohite said.
The court was further surprised when it was informed that Mapkar’s trial was separated following which other accused victims were acquitted. Pradhan told the court that Mapkar’s trial was separated as he had raised certain objections and questions before the trial court.
“Just because questions were asked is no ground for separation of trial. He should have been acquitted based on the same evidence,” the court said.
“There are dead bodies. There is homicide. Now, question is who did it,” the court said.
“The most elementary is the examination of the injured as they are eye witnesses. How can anybody have trust in you?” the court asked.
The court further observed that this is a matter which CBI has to investigate for restoring confidence among every section of the society.
The court also observed that the STF had wound up the probe in two and a half months. There was no material despite glaring evidence pointed out by sitting judge Justice Srikrishna through the commission report, the court said.
Public prosecutor Satish Borulkar said that the state had no issues in handing over the case to the Central Bureau of Investigation. He also contented that the CBI has provision to register offence in the absence of an FIR from the state. The court felt that such a thing might create legal tangles in the future.
While adjourning the case, the court said that “ this complaint prima facie discloses offence.”
Farooq Mapkar, who was chargesheeted for murder and rioting in 1992-93, had urged the court to initiate an action against the then Assistant Police Inspector Nikhil Kapse, who was held “guilty of unjustified firing” and “inhuman and brutal behaviour” by the Srikrishna Commission.
Observing that “it’s a case that affects the very soul of India”, a division bench of Justice FI Rebello and Justice RS Mohite said that the state will have to register an FIR based on the complaint lodged in August 2006 and the CBI will be ordered to investigate the matter, even though they had declined to do so.
The court is yet to pass any orders as the arguments will continue on Tuesday. The court also commented on the one-sided investigation carried out by the state police following the riots and also the probe done by the Special Task Force (STF) constituted following the Srikrishna Commission report in 2000.
The court was appalled by the fact that the statements of the injured were not recorded even by the STF.
Senior counsel Vijay Pradhan, who is appearing for Mapkar, submitted that the STF never visited the mosque or met any of the injured persons, including Mapkar. “This is not how a criminal investigation should be carried out,” Justice Mohite said.
The court was further surprised when it was informed that Mapkar’s trial was separated following which other accused victims were acquitted. Pradhan told the court that Mapkar’s trial was separated as he had raised certain objections and questions before the trial court.
“Just because questions were asked is no ground for separation of trial. He should have been acquitted based on the same evidence,” the court said.
“There are dead bodies. There is homicide. Now, question is who did it,” the court said.
“The most elementary is the examination of the injured as they are eye witnesses. How can anybody have trust in you?” the court asked.
The court further observed that this is a matter which CBI has to investigate for restoring confidence among every section of the society.
The court also observed that the STF had wound up the probe in two and a half months. There was no material despite glaring evidence pointed out by sitting judge Justice Srikrishna through the commission report, the court said.
Public prosecutor Satish Borulkar said that the state had no issues in handing over the case to the Central Bureau of Investigation. He also contented that the CBI has provision to register offence in the absence of an FIR from the state. The court felt that such a thing might create legal tangles in the future.
While adjourning the case, the court said that “ this complaint prima facie discloses offence.”
Farooq Mapkar, who was chargesheeted for murder and rioting in 1992-93, had urged the court to initiate an action against the then Assistant Police Inspector Nikhil Kapse, who was held “guilty of unjustified firing” and “inhuman and brutal behaviour” by the Srikrishna Commission.
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