Kadam stays free as SC rejects state challenge

Kadam’s sentence now remains suspended.

Kadam,an officer of the State Reserve Police Force who was later suspended,had been found guilty by a trial court of ordering his unit to open fire on a Dalit mob in the northeast suburb of Ghatkopar on July 11,1997. Ten persons were killed and 25 injured in the mob,which was protesting the desecration of an Ambedkar statue. Kadam was sentenced to life by the trial court before the High Court suspended the sentence. His appeal had said he has two daughters,a son and a 90-year-old father to look after.

In its challenge,the state had mentioned the plight of several victims of the firing and their families. “It took 12 long years for the sessions court to convict Kadam. If Kadam is not sent behind bars,the purpose of the state’s sanction to prosecute him will not be justified,” read the appeal.

The Gundewar Commission of inquiry set up to look into the incident had also indicted Kadam,observing that steps taken by the police to disperse the large crowd gathered were inadequate and that the police had resorted to excessive force.

Senior lawyer Sangraj Rupwate,who has followed the case since the start and also aided the prosecution,said the state should have shown more interest in filing its appeal.

“Only because Dalit organisations and human rights lawyers actively followed up the case did the state make an appeal. The appeal was very poorly drafted and no legal mind was applied,” said Rupwate. He added that the government waited till the eleventh hour to file its appeal.

Kadam spent a total of three days in jail. Of his 30-day detention until he got bail,he spent 27 days in hospital.