The document summarizes findings from Right to Information applications regarding the implementation of the Justice Srikrishna Commission report on the 1992-1993 Mumbai riots. It finds that most police officers indicted for violence faced little or no punishment, with many receiving token punishments or being acquitted or exonerated. Politicians accused of fomenting violence, such as Bal Thackeray, also avoided prosecution or conviction. Of the hundreds of cases filed regarding the riots, only a small fraction resulted in convictions while most ended in acquittals or were left dormant. The document concludes that survivors and citizens have been repeatedly let down by the state government's failure to properly prosecute those responsible for the communal violence.

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

2. 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 Teesta Setalvad, the policemen indicted in the Mumbai
violence were let off by the DF government with token
punishments, if any.

3. Non prosecution of the Guilty
As for politicians responsible for fomenting violence through hate speech, it was the
state executive’s procrastination and the state judiciary’s acquittal of Shiv Sena (SS)
supremo Bal Thackeray and other members of the political class that has accorded
impunity. Madhukar Sarpotdar, Manohar Joshi and Gopinath Munde were some SS-
BJP politicians accused in serious criminal cases who escaped judicial indictment.
Under the SS-BJP government, a DGP-level committee under Arvind Inamdar 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. 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. Citizens protests errupted - ‘Justice for All’ and ‘Nyaya Andolan’. 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. Colaba
Agripada
Srikrishna Commission Report
Colaba: SI (subinspector), 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 by Teesta Setalvad: 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. 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 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.

8. 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 Tyagi in 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 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.

9. 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 Vidyadhar Raghunath Shelar, 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 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.

10. 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 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.

11. Srikrishna Commission Report
RAK Marg: Police subinspector NK Kapse’s act of unprovoked firing at Hilal Masjid [Hari
Masjid] 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
Antop Hill: Inspector BB Shinge, subinspector 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.

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