Discriminatory Justice Teesta Setalvad

1. No Punishment to those Guilty of Violence in 1992-1993 Discriminatory JusticeTeestaSetalvad

2. Complicit State Policemen Unpunished In 1999, and again in 2004, ‘implementation of the Justice BN Srikrishna Commission report’ topped the alliance manifesto’s list of pre-poll promises. As CC investigated and reported last year, following Right to Information (RTI) applications made by its co-editor TeestaSetalvad, the policemen indicted in the Mumbai violence were let off by the DF government with token punishments, if any.

3. Political Impunity Non prosecution of the Guilty As forpoliticians responsible for fomenting violence through hate speech, it was the state executive’s procrastination and the state judiciary’s acquittal of ShivSena (SS) supremo Bal Thackeray and other members of the political class that has accorded impunity. MadhukarSarpotdar, Manohar Joshi and GopinathMunde were some SS-BJP politicians accused in serious criminal cases who escaped judicial indictment. Under the SS-BJP government, a DGP-level committee under ArvindInamdar was appointed to scrutinise 1,371 ‘A’ summary (true but closed) cases and decided to reopen/reinvestigate 112 of these. Of the 112 cases reopened, charge-sheets were filed in only eight cases. Five of these have resulted in acquittal and three are pending trial.

4. No Justice for All 2000 - 2007 In 2000 and then again from July-August 2007 after the convictions in the March 1993 Bomb Blasts case began to be delivered (2006) this writer began reporting concurrently on the reality and perception of a system of discriminatory justice. Three months before the serial bomb blasts rocked the city and the country for the first time in March 1993, Bombay was torn apart by the politics of hatred and division in which over 1,100 people lost their lives in December 1992-January 1993. A vast majority of those who were targeted, people who were selectively killed and their homes and businesses destroyed, belonged to India’s largest minority, its Muslims. In 2006 Bomb terror (March 1993 was punished but Mob terror was given State Impunity.

5. No Justice for All Citizens protests errupted - ‘Justice for All’ and ‘NyayaAndolan’. Forced to respond, the state government again let the Survivors and Citizens down. The Maharashtra government has had to admit that in the 894 charge-sheets filed with relation to the mob terror of 1992-1993, the record of convictions is pathetic – only 27 cases have resulted in convictions. Shockingly, as many as 539 cases have resulted in acquittals or discharge, most of which the state has not thought fit to appeal. Seventy-five cases have been listed separately under a ‘Dormant File’ on the grounds that the accused are absconding.

6. Guilty Policemen Unpunished Colaba Agripada Srikrishna Commission Report Colaba: SI (subinspector), VasantMadhukar More, API (assistant police inspector) SahebraoHariJadhav, police constable PC-3181 Suresh PandurangIthape, PN-985 ShivajiGovindraoKashid, PN-2238 HanumantPandurangChavan and HC-3649 GopichandShaitramBorase. These police personnel were responsible for allowing the violent mob to hack to death one Abdul Razak alias AbaKalshekar (CR No. 13 of 1993). RTI findings by TeestaSetalvad: All these policemen were acquitted on November 18, 2005. Before this the policemen had simply been transferred. Srikrishna Commission Report 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.

7. 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.) Guilty Policemen Unpunished Byculla Srikrishna Commission Report 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 ShivSena (CR No. 591 of 1992). The government should also institute an impartial inquiry into the cold-blooded murder of one young boy, ShahnawazHassanmiyaWagle. 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, ShahnawazWagle, as directed by the commission.

8. ) 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. 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.) Guilty Policemen Unpunished Dongri Mahim Srikrishna Commission Report 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, state did not appeal the decision; sole witness Maulana ___appealed in the Supreme Court that shockingly discharged Tyagiin 2007. In October 1995, under the SS-BJP regime, Tyagi was elevated to the post of commissioner of police, Mumbai Srikrishna Commission Report Mahim: Police constable Sanjay LaxmanGawade was openly indulging in riots and violent activities while carrying a naked sword along with ShivSena activist MilindVaidya. 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.

9. Guilty Policemen Unpunished LT Marg MRA Marg Srikrishna Commission Report 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. Srikrishna Commission Report MRA Marg: PC-24242 VidyadharRaghunathShelar, 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 ShivSainiks, 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.

10. Guilty Policemen Unpunished Nagpada Tardeo Srikrishna Commission Report 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. Srikrishna Commission Report Tardeo: PC-7783 ShrirangPathade, popularly known as "Richard Hawaldar", was openly collaborating with the ShivSainiks in looting and violent activities. RTI findings:PC Pathade was simply transferred and exonerated of all wrongdoing.

11. Guilty Policemen Unpunished RAK Marg Antop Hill Srikrishna Commission Report RAK Marg: Police subinspector NK Kapse’s act of unprovoked firing at HilalMasjid [HariMasjid] 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. Srikrishna Commission Report AntopHill: Inspector BB Shinge, subinspectorShivgondaPatil 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.

12. Compiled by Sabrang www.sabrang.com Justice for Mass Crimes When India Fails Its Survivors St Xaviers College, Mumbai Jan 2 2013