12 yrs on,life term to cop who ordered Ramabai Nagar firing

Ad-hoc Additional Sessions Judge S Y Kulkarni of the Sewree Sessions Court sentenced Kadam under Section 304 of the Indian Penal Code (culpable homicide not amounting to murder),and also fined him Rs 1,000 as he had both ‘knowledge’ and ‘intention’ of the act. Soon after the conviction,his bail bond was cancelled and he was taken into custody.

The incident had occurred on July 11,1997,when Kadam ordered his platoon to open fire on a mob of Dalits for rioting at Mata Ramabai Ambedkar Nagar following the desecration of a statue of Dr B R Ambedkar.

The court observed that Kadam’s act of opening random fire on residents was ‘unjustified’; he had complete knowledge of the consequences and it couldn’t be for self-defence. “More care was expected to be taken by the accused.”

Kadam had argued that he has a son and daughter to look after. “In my 36 years of police service,I have not erred any time,” he said and requested the court to consider releasing him under the Probation of Offenders Act,on a personal bond for his good conduct. However,the court rejected his plea. “That most of the victims were injured above the waist shows the accused did not study the situation properly,” it observed.

Rejecting Kadam’s claim that he should be convicted for a rash and negligent act,the court said,“As soon as you took the decision,the question of rashness and negligence does not arise; firing could not have been the last resort that time”.

The state had thoroughly investigated the incident following protests. A commission was appointed under Justice

S D Gundewar in November 1997; it indicted Kadam for firing indiscriminately at the mob. It stated that Kadam had resorted to firing without receiving any orders from seniors.

However,in his statement,Kadam had accused the state and the police of victimising him for he belonged to an “open” caste. “I am victimised and made to pay a heavy price for not being a Dalit. Had I been a Dalit,no question would have asked challenging my credibility,” Kadam had told the court.

Though the commission report was tabled in 1999,a case was registered against Kadam only in 2001. After three years of investigation,the case was transferred to the CID,which finally filed a chargesheet in 2006,assigning the case to the fast track court. Kadam was booked under Section 304 of the IPC

The state had appointed special public prosecutor Vijay Pradhan. “I had requested the court to hand over the maximum punishment,” Pradhan said.

The family members of the deceased and victims of the firing were present in court at the time of the conviction. Hiramand Gaikwad,who was injured in the firing,said,“Justice has come after 12 years. Finally,the court has punished the accused for his wrongdoing.” Raghuram Yadav,who survived four bullets,said,“Kadam should have been given death sentence. Only then would he have realised what loss of life means.”

Kadam’s lawyer Madhukar Pawar said he will appeal against the judgment in the Bombay High Court.

Flashback
July 10,1997: Miscreants desecrate statue ofDr Babasaheb Ambedkar at Ramabai Ambedkar Nagar at Ghatkopar (East).
July 11,1997: A protest rages in the Dalit colony. Manohar Kadam orders his platoon to open fire on a mob; 10 killed,26 injured
Nov 1997: Probe panel appointed under Justice S D Gundewar
1999: Panel tables report; indicts Kadam
2001: Case opened
2006: CID files chargesheet