The Bombay High Court on Monday asked the Centre why the Central Bureau of Investigation (CBI) is reluctant in investigating the Hari Masjid police firing case in which seven people had died 15 years back. "Why is the agency running away from the case? You rush to investigate other cases. Here seven persons died but you are aloof," a Division Bench of Justice F I Rebello and Justice Ashutosh Kumbhakoni said. The case pertains to the death of seven persons in police firing outside the mosque during the 1992-93 riots. Farooq Mapkar who was chargesheeted for murder and rioting in 1992-93 had urged the court to initiate action against the then assistant police inspector Nikhil Kapse, who was held "guilty of unjustified firing" and "inhuman and brutal behaviour" in the Srikrishna Commission report. Mapkar had moved the High Court seeking a CBI inquiry. Although the Maharashtra government is ready to hand over the case, the CBI is not willing to take it up. The state government issued a notification last year, handing over the case to CBI. But the agency told the High Court that its hands were full and it cannot investigate a 15-year-old case in which a Special Task Force had already given the police a clean chit. Although the Commission report had indicted Kapse's team for opening fire without any provocation, a departmental inquiry found that the police were not at fault. The police had filed a case of rioting against Mapkar. The court today said it would examine whether the CBI can refuse to take over a case despite a request from the state government and adjourned the hearing to October 7.
