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Bombay riots of 1992-93: Letting sleeping dogs lie

Saturday, 11 August 2007

Bombay, August 11: The latest controversy over the virtual non-implementation of the B.N. Srikrishna Commission's report on the horrific Bombay riots of 1992-93 has again exposed the cynicism of Indian political parties.

While the Congress-led government in the Indian state of Maharashtra is under pressure to reopen the riot cases, the Hindu Shiv Sena (Shiva's Army) has reiterated the familiar rightwing view, which is shared by the Hindu Bharatiya Janata Party (BJP), that any such step will be counterproductive as it will exacerbate the existing communal Hindu-Muslim divide.

What is evident from these negative attitudes is that neither side - the 'secular' Congress or the 'communal' Shiv Sena - wants the culprits, whether they are the rioters or the conniving policemen, punished.

The Shiv Sena has been even more candid. It has expressed the fear that if the cases are reopened, it is the Hindus who will be hanged. Rarely before has a party pointed an accusing finger at itself in so open a manner. In doing so, the Sena has virtually admitted that its cadres were guilty of criminal acts during the outbreak and would have to pay the ultimate penalty if the investigations were started afresh.

The Sena's role has never been a secret, of course. The Commission had noted that "there is no doubt that the Shiv Sena and the Shiv Sainiks took the lead in organising attacks on Muslims and their properties ... The attacks on the Muslims by the Shiv Sainiks were mounted with military precision, with a list of establishments and voters' list in hand".

Distressed by the fact that virtually no action has been taken against the guilty, Justice B.N. Srikrishna said recently that he spent "five years of my life looking into the Bombay riots, with government money, in the time when I could have disposed of at least 20,000 cases; so why let that go to waste?"

--Agencies





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Bombay riot cases: Experts slam delay

Friday, 10 August 2007

Bombay, August 10: India's Maharashtra state government has handed over the cases related to the Srikrishna Commission report to the Bombay police.

''The government has handed over everything related to the Srikrishna Commission cases to the police commissioner. He will decide what action needs to be taken now. He can choose to take legal opinion if he feels the need,'' said Vilasrao Deshmukh, Chief Minister (state governer) of the Indian state of Maharashtra.

The chief minister (state governer) has moved forward on his claim that he wants to reopen cases of the riots of 1992-93 by handing over the case papers to the police commissioner.

But legal experts feel this may be easier said than done.

''Reopening cases will depend on how it is that those cases were closed. If it is related to acquittals or discharge, that means, where the cases have reached the court stage, it may be very difficult to reopen them because there may also be a question of limitation.

''Also the cases happened in 1992-93, we are in 2007. Why didn't the government take action all this while?'' says Mahesh Jethmalani, Senior Criminal Lawyer.

Re-examining cases

This, for instance, may apply to someone like former joint commissioner R.D. Tyagi - the highest ranking police officer to be indicted by the commission for unjustified firing at the Suleman Usman bakery in January 1993.

Nine people were killed in the incident.

But the sessions court discharged Tyagi and the state government did not appeal against the lower court's decision.

The Srikrishna Commission report had recommended re-examining over 1,300 cases that were true but undetected and it's these cases that may have the best chance of being reopened.

But this will only be the beginning of a long drawn process of evidence gathering, corroborating facts and recording statements of witnesses.

With one of the 1993 riot cases still in its preliminary stages after six years in spite of being in a fast track court, there's little reason to count on speedy justice.

--Agencies