The Supreme Court has ordered a stay on the Central Bureau of Investigation (CBI) probe against policeman Nikhil Kapse in the Hari Masjid firing case after the Maharashtra government sought it on the ground he was merely doing his duty and an independent inquiry was not needed as a departmental inquiry had already given a clean chit to him. The 16-year-old case pertains to police opening fire at people in Hari Masjid during the 1992-93 riots killing seven people.

Senior counsel for the state, Sanjay Kharde, justifying Kapse’s action, said, “Kapse has suffered enough in 16 years. He was just executing his duty. He did not see them as Hindu or Muslim; he just did what his duty demanded. The state is of the opinion that the case has to come to an end,” said Kharde. “When the state has already initiated all essential action against him, there is no need for an independent inquiry.”

Citizens groups seeking punishment for Khape have decided to appeal against the stay. “We will appeal immediately,” said Senior Advocate Colin Gonsalves.

In December 1998, the Bombay High Court had directed the CBI to investigate the case and file a report within six months. The directive came after one of the survivors of the Hari Masjid incident, Farooq Mapkar, moved the High Court.

The CBI had overshot the deadline for filing the report and the High Court had pulled up the agency last month for not making much progress in the investigations. The Srikrishna Commission had earlier indicted Nikhil Kapse for for his alleged “unjustified firing”.