15 yrs after riots, cases collapse

Mumbai, May 11 When the first judgment came in March-end from a special court assigned to hear cases pertaining to the 1992-1993 post-Babri demolition riots, citizens who had led a campaign demanding a special fast track court for trials in cases involving influential politicians indicted by the Justice Srikrishna Commission were surprised: The first judgment, an acquittal, was in a case of petty theft.

Over a month later, here is the update from the four courts — two magistrate courts and two sessions courts:

• Twelve cases have been disposed of, 11 ending in acquittals of all accused.

• Put together, the magistrates acquitted 44 people.

• In the only case where the prosecution managed to establish an offence, two people were convicted to three months’ imprisonment, for assaulting and molesting a Muslim couple. “Nearly 148 cases have been sent to the special magistrate courts and over 45 cases to the sessions courts, but has the state realised that they also need to appoint a special public prosecutor?” asks Shakil Ahmed of the Nirbhay Bano Andolan, a petitioner in the Supreme Court hearing a plea for implementation of the Srikrishna Commission’s recommendations.

Not only has the state ignored the need to appoint experienced public prosecutors in these four courts, but it has also failed to provide any special aid to the prosecution, in terms of adequate support from investigating officers. The result of the oversight is in the judgments delivered:

• Of the total 12 cases disposed of, the state failed to produce important — and rather basic — post-investigative documents like a police diary and statements of the victims in four cases.

• In seven cases, the complainants were untraceable.

• In as many as three cases, witnesses retracted their statements.

• In three instances the prosecution could not produce any witness before the court.

v Perhaps worst, of the 17 policemen examined altogether, 11 turned hostile.

Asked why the state Government, which set up these courts on March 12, had not appointed special public prosecutors, Principal Secretary (Law and Judiciary) N B Geelani said: “The department was not aware that no special public prosecutor was appointed for the special court till date. The state can now look into the matter and appoint one, only for the two sessions courts as and when the need arises.”

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15 yrs after riots, cases collapse

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