Mumbai riots: former Sena MP Sarpotdar, 2 others get year in jail

Magistrate Rajeshwari Bapat-Sarkar convicted Sarpotdar and two Shiv Sainiks — Ashok Shinde and Jaywant Parab — under Section 153 (A) of the Indian Penal Code. They were also fined Rs 5,000 each. They were later granted bail, on a bond of Rs 5,000 each, until August 16 after which they will be taken into custody. The trio will appeal in the Bombay High Court against the conviction.

The court acquitted three others accused in the same case — Umesha Pawar, Pradeep Khanvilkar and Shantaram Sadvantar.

After being convicted, Sarpotdar said he was ready to face imprisonment and was not afraid to go to jail. “The prosecution has not produced any evidence against me but I will read the whole judgment and then appeal against it,” he said.

Sarpotdar was accused of leading a mob of more than 5,000 people from the Ganesh Utsav Samiti Mandal in Bandra on December 27, 1992. According to the chargesheet, Sarpotdar led the mob, chanting slogans like “Mandir yahin banega” and “Yahan pe rehna hoga toh Vande Mataram kehna hoga.” The chargesheet also made mention of several derogatory words used against the Muslim community.

Though the incident occurred on December 27, 1992 an FIR was lodged only two days later. Following delay in locating witnesses, the chargesheet was filed in 1994.

“Throughout the case, the prosecution could not rely on the witnesses. While one witness, Pandurang Tayde, a constable then in-charge of patrolling, claimed to have lost memory in an accident, another witness, then Police Inspector Mohan Khanolkar, appeared in court only after numerous summons and a bailable warrant. It was a state case, hence the state machinery should have been proactive,” said Additional Public Prosecutor M S Kadam.