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MUMBAI, November 17: The Justice S D Gundewar commission today rejected the applications filed by the police and the state government claim...

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MUMBAI, November 17: The Justice S D Gundewar commission today rejected the applications filed by the police and the state government claiming privilege on certain documents pertaining to the desecration of Dr Ambedkar8217;s statue on July 11, 1997 at Ramabai Nagar, Ghatkopar. Following this development, all the documents in the case will be available for inspection to the advocates appearing on behalf of different parties.

Police wanted to protect the case diary and the internal correspondences between the investigating officers and their seniors. The diary contains details of the incident with the timing of its happening, while the correspondence comprises various reports submitted by the investigating officers to the seniors and the instructions issued to the former by the latter. It was argued that if these documents were made public, the accused would be alert and it would also affect the law and order situation.

Additional Chief Secretary Home, Venkat Chary and Jt Police Commissioner crime, RS Sharma, had filed affidavits to this effect before the commission last week. Opposing this stand, counsel for the commission, advocate Vijay Pradhan and the Congress advocate B A Desai, argued that if they were deprived of the documents, they could not effectively cross-examine the witnesses.

Desai also argued that if the documents were not shown to all the advocates, it would be a violation of the right to information. Justice Gundewar ruled that these documents were vital for inquiry of the entire episode and if revealed, they would not affect the public interest.

On November 3, the police had asked for a week8217;s time to decide on which documents they wanted to claim privilege on. As a result, the hearing was delayed by a week, till November 10. The Srikrishna commission, which conducted an inquiry into the 1992-93 riots, had allowed the state government to claim privilege on certain documents.

Meanwhile, head constable Gajanan Katalkar, who was incharge of the police chowky near the statue on July 11, today said, the telephone at the chowky was not operational since July 9. Katalkar, when queried by advocate Aruna Kamath, also said that the wireless set at the chowky was not working on the morning of July 11.

Surprisingly, these faults were not rectified despite proper notice given by Katalkar to senior authorities. In addition to it, the mobile police patrol van posted at the chowky was also not at its position when Katalkar was being beaten up by the mob, it was revealed.

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Katalkar added: 8220;The mob gathered around the statue made provocative statements. They said these police are agents of the state government. They would not protect Dr Ambedkar8217;s statue. This is a Hindu government. We will be suppressed till it lasts.8221;8217;

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