The Hindu : National : Masjid firing: affidavit filed

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Wednesday, Sep 19, 2007
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Masjid firing: affidavit filed

Special Correspondent

MUMBAI: The Mumbai police on Tuesday filed an affidavit in the High Court stating that there was no need to register a case against Sub-Inspector Nikhil Kapse and other policemen, allegedly involved in the firing at the Hari Masjid during the 1992-93 riots in which six persons were killed.

In separate affidavits, the Deputy Commissioner of Police, Special Task Force (STF) and the R.A. Kidwai Marg police said that the STF had already conducted an investigation into the matter and there was no case against Mr. Kapse or any other police officer.

The affidavit was in response to a writ petition filed by Farooq Mapkar, who was injured in the firing on January 10, 1993.

Mr. Mapkar had demanded a first information report (FIR) against Mr. Kapse apart from a CBI inquiry into the episode.

However, the R.A. Kidwai police said that there was no substance in the demand for a case against Mr. Kapse and others and the matter had already been inquired into by the STF.

Hearing on Sept. 27

The case will now be heard on September 27, when Mr. Mapkar will contest the State’s position.

Last Friday, the Mumbai police filed a fresh charge sheet against Mr. Mapkar who was an accused in the case filed after the Hari Masjid incident.

Last year, everyone except Mr. Mapkar was acquitted. Mr. Mapkar’s trial was separated and the police were ordered to file a fresh charge sheet.

In the new charge sheet, he has been accused of rioting and murder. The police claim to have gathered fresh evidence against Mr. Mapkar.

In the earlier case, he and 49 others were accused of unlawful assembly, being armed with deadly weapons and rioting.

The mob attacked the police which tried to disperse it and in the resultant firing some people were killed.

The police also stated that there was firing from the Hari Masjid precincts.

“Fabricated”

The Srikrishna Commission report, which inquired into the Mumbai riots, said that in the Hari Masjid case the police version was unbelievable and fabricated to support the unjustified firing which resulted in the killing of six Muslims. It also held Mr. Kapse guilty of unjustified firing.

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