State tells SC it’s ready to refer riots report for further probe

Former attorney general Ashok Desai, with advocate P Janardhana, informed the court that "the state of Maharashtra shall refer the report and conclusions of the Srikrishna Commission to the Crime Branch, CID, Mumbai, for further investigation and action in accordance with law."

Desai further stated that "the state of Maharashtra clarifies that investigation and action shall be uninfluenced by theATR."

However, a division bench headed by Chief Justice A S Anand, which was hearing a bunch of Public Interest Litigations (PILs) seeking implementation of the Srikrishna Commission report, adjourned the matter for six weeks as one of the petitioners persisted that the ATR tabled in the Assembly by the Manohar Joshi Government should be quashed.

The Commission was appointed by the State Government on January 25, 1993, to inquire into the 1992-93 riots which took place in two phases in Mumbai, one after the demolition of Babri Masjid and then, after a series of bomb blasts rocked the metropolis.

Desai submitted before the bench, comprising Justice Anand, Justice R C Lahoti and Justice N Santosh Hegde, that several of the conclusions of the Commission in Chapters I to VI of volume-I disclose possible offences under the law.

The affidavit filed by the State Government quoted the conclusions arrived at by the Commission which also indicted the BJP for whipping up hatred against the Muslims prior to thedemolition of the mosque on December 6, 1992.

The Commission had said "the immediate causes of the communal riots on December 6, 1992 were : (a)Demolition of Babri Masjid (b)The aggravation of Muslim sentiments by the Hindus with their celebration rallies and (c) the insensitive and harsh approach of the police while handling the protesting mobs which initially were not violent."

On January 1993 riots, the Commission held Shiv Sena and its leaders, including Thackeray, responsible, saying that they whipped up the communal frenzy.

The first petition seeking implementation of the report was filed by the action committee for implementation of the Srikrishna Commission report, through advocate Anis Shurawardy. It was joined later by Human Rights Union of Supreme Court lawyers, Jan Sangharsh Manch and Lawyers Legal Aid Committee.