CBI to probe Hari Masjid Case of 1992-93

Sep 20 : The year 1992-93, followed by riots in the country after Babri Masjid demolition, many died and some are still fighting to get justice.

One of the cases which is dubbed as ‘Hari Masjid Firing’, in which six people died in police firing has been allowed for CBI enquiry by the state government in Maharashtra.

The police said that they fired in self defense when a mob of 2000-2500 attacked them. But Srikrishna Report has probed the riots and found this report to be ‘fabricated and unbelievable’.

Farookh Mapkar, who too was injured in the firing, moved the Bombay High Court to get justice for those killed in the firing. He asked the court to direct the Mumbai Police Commissioner to register an offence of homicide against Nikhil Kapse the assistant police inspector and colleagues, who were involved in the firing.

The State will file an affidavit on September 27 in the Bombay High Court, where Farookh Mapkar has filed a writ petition.

While an affidavit was filed in the High Court by the Mumbai police on Tuesday stating that there was no need to register a case against assistant police inspector Nikhil Kapse and other policemen, in Hari Masjid Case.

Deputy Commissioner of Police, Special Task Force (STF) and the R.A. Kidwai Marg police in a separate affidavit said that the STF had found no case against sub Inspector Kapse.

The Srikrishna Commission, report in 1998 described the violence during the riot. It said “the government should take strict action” against Kapse, who “was guilty of not only unjustified firing, but also brutal and inhuman behaviour”.

Mapkar said recalling the incident: “I went to offer prayers as usual. There were over 100 devotees in the mosque. A group of policemen, led by Kapse, charged in and began firing at us…everyone ran for their lives. I did not even realise I had a bullet hit my back until a person behind me pointed out my bloodied shirt.”

“People like me have spent over a decade making rounds of courts, responding to false charges by the police, while the real criminals are still scot-free. Justice should not be one-sided,” he added.

The delegation of various NGO’s Shakeel Ahmed of the Nirbhay Bano Andolan, Teesta Setalvad of Citizens for Justice and Peace, advocate Yusuf Muchchala and members of the Women’s Research and Action Group met Deputy Chief Minister R.R Patil. They pointed that why the case against Kapse is not registered inspite of the government promises to address such grievances. Moreover Kapse was indicted by the Srikrishna Commision.

Mumbai Police filed a fresh charge sheet against Farookh Mapkar on 14 th of this month. In 2006 the court acquitted all the accused accept Mapkar and ordered police to file a charge sheet against him.

The charge sheet accused him of rioting and murdering. The police claim to have gathered fresh evidence against Mr. Mapkar.

Earlier he and others acquitted were accused of unlawful assembly, being armed with deadly weapons and rioting. But the case was rejected by the session court

The case will go for hearing on September 27. CBI enquiry may help to deliver justice but the political mechanism in this country is not willing to render justice to the victims. But hats off to those whose fighting spirit is still alive after 14 years.