ASHFAQUE AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a common order on the above two revision applications filed by original accused nos. 32 and 76 in Sessions Case No. 930 of 2002 (C.R. No. 46 of 1993). The first revision application is directed against the order of framing of charge and the second revision application is directed against the order of the Sessions Court rejecting their applications for discharge from the sessions case. The interveners application is allowed. Heard all the Counsel.

(2.) The proceedings herein relate to the aftermath of the demolition of Babri Masjid in December, 1992. During the period December, 1992 and January, 1993 the city of Mumbai had witnessed incidents of riot on a large scale with complete breakdown of law and order. One of the several incidents that had taken place during the period is the incident of, now commonly known as Suleman Bakery incident. The incident is dated 9th January, 1993. Suleman Usman Bakery is situate within the jurisdiction of Dongri Police Station adjoining to a Masjid by name Chunnabatti Masjid. On 9th January, 1993 firing was resorted to by the Special Operation Squad (hereinafter referred to as the "SOS") led by Shri. R.D. Tyagi, the then Additional Commissioner of Police. In the firing, 9 persons had died. In connection with the incident, Dongri Police Station registered C.R. No. 46 of 1993 against the persons present inside the premises of Suleman Bakery and Chunnabatti Masjid alleging that at the relevant time they had become violent and aggressive and that their act of aggression had led to the police firing.

(3.) The communal riots and the large scale violence that had taken place in the city of Mumbai had resulted into death of more than thousand persons. This created huge public furor. There were allegations made that during the riots, the Mumbai police had acted in a biased and partisan manner. By way of appeasement to public and by responding to the public demand, the State of Maharashtra had set up a Commission under the provisions of Commission of Enquiry Act, 1952 to enquire into the circumstances, and the immediate causes of riots which had led to the breakdown of the law and order situation in Mumbai. Justice B.N. Srikrishna, the then sitting Judge of this Court was appointed as the sole Commissioner to head the inquiry. One of the terms of reference of the Commission was to inquire whether the steps taken by the police in controlling the riots were adequate and proper and whether the police firing resulting in the deaths was justified or not. A large number of persons appearing before the Commission, filed their affidavits and gave evidence. A fair opportunity was afforded to each party who had submitted its statement before the Commission, to cross examine the witnesses and also to lead evidence. After examining the witnesses, evaluating the evidence, submissions and arguments, the Commission submitted its report dated 16th February, 1998. The report is known as "The Srikrishna Commission Report".