COMMUNAL VIOLENCE

Bombay Riots: 11 Convicted in Radhabai Chawl Case under TADA

Nearly four years after the gruesome massacres of December 1992 and January 1993 the guilty (in many cases Shiv Sainiks and even policemen) of the widespread incidents of murder. Loot and arson are yet to be punished. The only significant conviction in the riot-related cases

has been of 11 Muslim youth to life imprisonment in the Radhabai Chawl incident by the designated TADA judge.S.M. Deshmukh on October 17. The judge sentenced them to life imprisonment on charges of unlawful assembly and conspiring to commit terrorist acts. 6 other accused were acquitted. As the convicted youth prepare to appeal to the SC, the merits of the judgement apart, the communal fall-out of these convictions is unavoidable. Because most of those guilty of unspeakable acts of violence roam scot free. The Radhabai Chawl case (is cited) in the Hindutvawaadi rhetoric to justify the "retaliation" against the Muslim minority in January.

In June 1996, two cases - one of alleged rape and the other of murder in which a local Sainik was directly implicated – the accused were acquitted.

Day after day, the hearings before the Srikrishna Commission reveal blatant complicity on the part of the police siding with local Shiv Sainiks guilty of mass murder andarson. Police failure to initiate criminal proceedings against erring policemen and Shiv Sainiks

Why were the accused in Radhabai Chawl case singled out and framed under TADA. a law that ostensibly applies only to terrorist-related offences? Why were the criminal charges of arson and murder not framed against the accused though there exists clear evidence. Worse still, the police has simply closed investigations in a vast majority of cases saying these "cases were true but undetected ("A" category)".

In May this year, in response to a writ petition filed by the Committee for the Protection of Democratic Rights (CPDR) in the Supreme Court, the Maharashtra government was compelled to give details of the legal status of all the cases pertaining to the violence of December 1992 and January 1993.

A look at the details makes apparent the astounding complicity of the government and the police with criminals. 200 murder cases registered with the Bombay police are among a staggering 1358 cases that the Maharashtra government will" not investigate further" as they come in the "true but undetected" category.

The SC had ordered the Maharashtra government to give details of 2,267 cases. By the state government's own admission through the affidavit of the special secretary, home department, S.K. Iyengar, "investigations have been closed in60 per cent of the cases", charge sheets have been filed onlyin 892 cases and trial is pending in another 864.

It is clear from the evidence as documented in police records and now on record before the Commission that even as the Babari Masjid was being demolished at Ayodhya,"ghantanad ceremonies" (victorious ringing of temple bells were being conducted by the RSS. VHP and BJP workers all over Bombay. This was even before angry. Protesting Muslims took to the streets in protest against the demolition at Ayodhya. After brutal cases of police firing against Muslims in December (239 were killed. some inside their home fell victims to police bullets) pre-mediated arson against Muslim-dominated bastis like Mian Maqdoom Nagar in Mahim and Khan Abdul Ghaffar Khan estate in Kurla beganon December 8 and 10. 1992 itself.

During the lull in violence for about three weeks in December, the SS-BJP combine made every effort to keep emotions in this palpably tense metro simmering. Particularly through their programme of mahaartis that were launched in the city from December 22, 1992. This was ostensibly to protest against the practice of "namaaz on the streets on Friday".

Here again, evidence of police officials recorded before the Srikrishna Commission reveals how these Mahaartis werea ploy to whip up sentiments against Muslims. "Laandyan na Pakistanla pochwa (Send the Muslims to Pakistan)" was a common slogan uttered by SS Shakha Pramukhs and evenMLAs who addressed these mahaartis. The SS MP from Kherwadi, Madhukar Sarpotdar (then an MLA) during his evidence before Justice Srikrishna openly justified attacks on innocent Muslims as "retaliation" for the Radhabai Chawlincident and the killing of two mathadi workers.

Government Statement On Communal Incidents, Jan - Sept. '96

Information received from the State Governments about communal incidents/riots, number of persons killed. Number of persons injured and number of persons arrested during January-September, 1996 is given below. Information about payment of ex-gratia and number of cases instituted is not available