(Communalism Combat
August 2006)
No peace without justice
The bomb terror of March 12, 1993 must be recalled with the same horror as the mob terror on and after December 6, 1992 in Ayodhya
By Teesta Setalvad
The eager wait for the judgement in the 1993 Bombay blasts case is easy to comprehend; it is a crucial form of redress for the 200 families who lost dear ones in the serial blasts – a message that the Indian system delivers justice to one and all for all crimes, especially mass crimes of unspeakable brutality.
But as the media and thus the nation awaits the verdict in the bomb blasts case (now postponed to September 12), the bomb terror of March 12, 1993 must be recalled with the same horror as the mob terror of December 6, 1992 in Ayodhya, resulting in the loss of hundreds of lives all over the country, must be rehauled in public memory.
"The soul of India was seared on December 6, 1992" (as an editorial in India Today put it). The soul of Bombay was forever scarred with the brute mob violence that held us to ransom from December 8 to January 20, 1993. Mobs stalked streets that were likened to Nazi Germany (by jurist NA Palkhiwala and Justice Bakhtawar Lentin of the Bombay High Court). The Bombay police connived with mobsters in mass arson, murder and even rape. Worse still, our political leaders watched as Bombay burned.
Justice BN Srikrishna, who conducted an official probe into the violence, had this to say, "One common link between the riots… and bomb blasts of 12th March 1993 appears to be that the former appear to have been a causative factor for the latter… The serial bomb blasts were a reaction to the totality of events at Ayodhya and Bombay in December 1992 and January 1993."
The Srikrishna Commission Report concluded that: "The resentment against the government and the police among a large body of Muslim youth was exploited by Pakistan-aided anti-national elements. They were brainwashed into taking revenge and a conspiracy was hatched and implemented at the instance of Dawood Ibrahim to train Muslims on how to explode bombs near vital installations and in Hindu areas to engineer a fresh round of riots. "There is no doubt that all the accused, except two or three, are Muslims and there is no doubt that the major role in the conspiracy, at the Indian as well as foreign end, was played by Muslims," says the report. The common link between the riots and the blasts was that of cause and effect. There were also three or four common accused named in both the riots and the blasts. The Commission concludes, "There is no material placed before it to indicate that the riots and the blasts were part of a common design."
Justice BN Srikrishna, who was appointed to investigate the post-Babri Masjid demolition violence in Bombay in December 1992-January 1993, recommended stringent action against the criminals, in and out of uniform. He submitted his report on February 18, 1998. The issue of implementation of the report’s recommendations and the case praying for a rejection of the Action Taken Report (ATR) that called the report biased and ‘anti-Hindu’ have been pending in the Supreme Court of India for over seven years.
In terms of the specific prosecutions that the report recommends against policemen and others, there is a sorry tale to tell. Using the Right to Information Act, I accessed detailed information from the state home department and the police on case by case details. They reveal a shocking state of affairs.
Srikrishna Commission: Delinquency of police personnel
Excerpts:
"The 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 Government take strict action against the following persons:
"A) Colaba: SI (Sub-inspector), 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: All these policemen were acquitted on November 18, 2005.
"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.
"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 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. All the rest have been exonerated without trial. There has been no fresh inquiry into the murder of the young boy, Shahnawaz, as directed by the Commission.
"D) Dongri: Joint Commissioner of Police RD Tyagi, Assistant Police Inspector Deshmukh and Police Inspector Lahane of the Special Operation Squad are guilty of excessive and unnecessary firing resulting in the death of nine Muslims in the Suleman Bakery incident (CR No. 46 of 1993)."
RTI Findings: RD Tyagi was discharged on April 16, 2003 but the state of Maharashtra did not appeal the decision. Others were exonerated and discharged without being prosecuted.
"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: The PI’s increments were stopped for some months. There was no prosecution.
"G) MRA Marg: PC-24242 Vidyadhar Raghunath Shelar, Police Inspector Salvi, Police Sub-inspector (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.
"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 Sub-inspector NK Kapse’s act of unprovoked firing at Hilal Masjid killed seven Muslims (CR No.17 of 1993)."
RTI Findings: PSI Kapse did not appear before Justice Srikrishna but was simply exonerated through a departmental inquiry.
"K) Antop Hill: Inspector BB Shinge, Sub-inspector 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.
(We have also accessed case by case details of crimes committed by citizens on which the Srikrishna Commission had recommended action. These details will be carried in the next issue of CC.)
POTA and MCOCA cases
Another level at which the feeling that justice discriminates is being felt is related to POTA and MCOCA cases in the state. Twenty-two persons continue to remain under arrest in the 2003 (Ghatkopar, Mulund, Vile Parle, Bombay Central) blasts and twin blasts (Jhaveri Bazar and Gateway) case, says advocate Mobeen Solkar, who is handling their defence. Only Aatif Mulla and one other have been granted bail; these bail applications have taken more than a year to be heard. "Even at the level of the high court there appears to be less urgency in hearing these bail applications though the established law is clear – that the more serious the offence the more zealously the rights of the accused need to be protected," says Solkar.
Two persons were actually discharged by the Central Review Committee about four months ago. This, in law, should mean they must be released and POTA charges against them must be dropped. But in response to the application for discharge, the Maharashtra government through its prosecutor, Ujwal Nikam, has stood adamantly against the discharge. The court is reluctant to allow discharge without the state consenting. The appeal against this is pending, clubbed with others in the Supreme Court. "It is the officer of the state, the PP (public prosecutor), who has not shown fairness in accepting the verdict of the Central Review Committee. This clearly suggests that the mind of the state is clearly prejudiced against allowing the release of any accused, never mind if there is no evidence against him." This defeats the very safeguards ostensibly built into laws like POTA which, draconian as they may be, cushion a wrongfully detained accused against arbitrary, unfair and prolonged
arrest.
Khwaja Yunus case
The Khwaja Yunus Case is a case of brutal murder in police custody where six police officers were charged with murder. The Mumbai High Court, while hearing the plea for CBI investigation and compensation filed by Khwaja Yunus’s mother, Ayisha Sayed Yunus, has made harsh observations about the behaviour and conduct of the police. The high court had passed an order in the writ petition filed on April 7, 2004, directing that the state treat the statement of Dr Mohammed Abdul Mateen Abdul Basit as an FIR. The HC had also directed the state to register a separate case for offences of murder in custody (Sections 302 and 201 read with Section 34 of the IPC).The HC had taken serious note of the fact that "there appears to be an attempt on behalf of the police officers and constables to mislead the judicial inquiry.
Khwaja Yunus was arrested in 2002, two days after he returned from Dubai, and has ‘disappeared since January 2003’. Though believed to be tortured and killed, his body is yet to be found. His father died of grief.
A division bench of the HC ordered that four constables be suspended. They are now on bail. Three matters related to this gruesome custodial death are pending before the high court: the compensation matter filed by his mother, a petition filed by an accused policeman and a writ challenging the awarding of Rs 5,000 per month to be paid to Khwaja’s mother until he is found, dead or alive. The police demonstrated in an open effort to lobby against action against the fellow cops who are well known as ‘encounter specialists’. Meanwhile, regional secretary of the Vishwa Hindu Parishad, Vyankatesh Abdeo met policeman Sachin Vaze’s family in Thane on March 19, 2004, offering all legal and financial help!
Victims in the war on terror
Ayub Kolsawala, Shakil Chotani, Iqbal Batliwala, Noor Mohd Batliwala, Shohail Nizami, Shahid Chappalwala, Yusuf Haji Memon, Imran Yusuf Mohammad, Salman Yusuf Mohammad, Farook Mohammad, Ayub Khan and Ghulam Mustafa. All prosperous garment exporters who visit trade fairs across the world to do business. Only, this time the experience turned really sour.
Detained in Amsterdam on August 23 after two US marshals on board a Northwest Airlines flight from Amsterdam to Mumbai found their behaviour suspicious, they were detained in a closed ‘safe-like’ cell for 48 hours in solitary confinement. "We were like Kohinoor diamonds in a safe," Ayub says in an attempt to laugh off the trauma.
What did they do to deserve this treatment? "We had purchased extra mobiles (phones), were handing them to each other and trying to grab the empty seats to sleep."
What followed was 48 hours in solitary confinement until the Indian consul general came to their rescue. "Madam Ganguly (Rivya Ganguly Das) was firm in fighting with the authorities. She came late in the evening of August 25, after which we were shifted to a hotel." The Indian media also helped focus on the issue by interviewing their distraught relatives back home.
"We were terrified of the questions and what would happen. It was worse because we were in solitary. The questions they asked us were: Are you a terrorist? – No. Then the Dutch cop added – One day Osama bin Laden will be sitting where you are."
To add insult to injury, when they were taken back to Amsterdam airport on August 26 to catch a flight home, it was only to encounter the same Northwest Airlines crew who simply refused to fly if they were on board! Finally, the MD of Northwest Airlines had to intervene and threaten the crew with dismissal if they did not comply. Nevertheless, one woman crew member refused to give in and stomped off the flight.
But the unpleasantness at Amsterdam airport was more than made up for in Mumbai where a warm welcome – from immigration authorities and the public at large – made the businessmen feel they had come home!!
– TS
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