Firing unjustified: Report

DECEMBER 30: The Gundewar Commission report has held that police firing at Ramabai Nagar, Ghatkopar following the desecration of Dr Babas...

DECEMBER 30: The Gundewar Commission report has held that police firing at Ramabai Nagar, Ghatkopar following the desecration of Dr Babasaheb Ambedkar8217;s bust last year was quot;without warning, unjustified, unwarranted and indiscriminatequot; The much awaited report was presented to the state legislature on the last day of its winter session today. Chief Minister Manohar Joshi presented the report along with the Action Taken Report ATR in the Assembly stating that the report has been accepted by the government.

The one-man Justice S D Gundewar Commission was appointed by the state government on July 16, 1997 after 11 Dalits were killed and 26 others injured in police firing at Ramabai Nagar colony, Ghatkopar on July 11, 1997.

Passing severe strictures against the police, the Commission said Police Inspector M Y Kadam, who ordered the firing, was not fit to continue in the government service. Justice Gundewar has observed: The police did not take steps to deal with the crowd and its dispersal at the place offiring and straight away opened fire, for which PSI M Y Kadam is responsible. The police had neither used any force at the statue site nor taken any steps for the dispersal of the crowd.

The report found no evidence to show that the desecration was planned by any individual, group or organisation deliberately to spark communal tension. In the ATR, the government agreed with the commission8217;s observations and conclusions and said appropriate action would be taken against PSI Kadam and other officials held responsible. The ATR also said that the government was contemplating adequate measures including a comprehensive legislation to protect statues of national leaders.

The judge further said the evidence leads to an inevitable inference that the police did not use any force before resorting to firing, there was no provocation for firing, the firing was not in self defence and it was neither justified nor warranted. On the other hand it was indiscriminate. The commission has also rejected the tanker theory putforth by the police department and the state government, adding that the firing was not triggered to save the greater damage by the alleged apprehension of blast of gas tankers.

The report said the decision to open fire was exclusively of PSI Kadam and not of his superiors. The judge said Kadam had failed to promptly lodge the report of firing and made false pleas that the firing had taken place at two places.

The panel noted that injuries to most of the dead or injured persons were above the waist and also against directions that bullets should be aimed below the waist. Rejecting the police version that people knelt when police aimed the bullets below the belt, the report said that the explanation given would have been accepted if such cases were to be fewer in number.

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The government has also accepted the panel8217;s suggestion to entrust the investigation of the desecration to independent agencies. It said that the state CID would be entrusted with the investigation of such cases where police firing hasbeen resorted to or in case of major violence leading to law and order problem. It was also accepted that work of recording messages in the control room and spool working needs to be perfected.