January 2008 
Year 14    No.127
Campaign


Guilty policemen go unpunished

The evidence before the commission indicates that the police personnel were found actively participating in
riots, communal incidents or incidents of looting, arson and so on. The commission strongly recommends that the government take strict action against the following persons:

A) Colaba: SI (subinspector), Vasant Madhukar More, API (assistant police inspector) Sahebrao Hari Jadhav, police constable PC-3181 Suresh Pandurang Ithape, PN-985 Shivaji Govindrao Kashid, PN-2238 Hanumant Pandurang Chavan and HC-3649 Gopichand Shaitram Borase. These police personnel were responsible for allowing the violent mob to hack to death one Abdul Razak alias Aba Kalshekar (CR No. 13 of 1993).

(RTI findings by Teesta Setalvad: All these policemen were acquitted on November 18, 2005. Before this the policemen had simply been transferred.)

B) Agripada: PC-23960 of LA-IV Ashok Naik and Rajaram K. Bhoir were arrested while indulging in rioting and violent activities (CR No. 98 of 1993). Ashok Naik was arrested by NM Joshi Marg police.

(RTI findings: There has been no prosecution of these two policemen. Earlier, one of them was transferred and thereafter one has passed away.)

C) Byculla: Sr PI (senior police inspector) Patankar, PI (police inspector) Wahule and SI Ramdesai. Their conduct during the riots was extremely communal. They refused to record complaints in which Hindus were the accused and harassed and ill-treated Muslims. Their conduct indicated attempt to shield miscreants belonging to the Shiv Sena (CR No. 591 of 1992). The government should also institute an impartial inquiry into the cold-blooded murder of one young boy, Shahnawaz Hassanmiya Wagle. The inquiry conducted by deputy commissioner of police Surinder Kumar is just an eyewash.

(RTI findings: One trial, against PI Wahule, is pending. The other policemen have been exonerated without trial. There has been no fresh inquiry into the murder of the young boy, Shahnawaz Wagle, as directed by the commission.)

D) Dongri: Joint commissioner of police RD Tyagi, assistant police inspector Deshmukh and police inspector Lahane of the Special Operations Squad are guilty of excessive and unnecessary firing resulting in the death of nine Muslims in the Suleiman Bakery incident (CR No. 46 of 1993).

(RTI findings: RD Tyagi was discharged on April 16, 2003 but the state of Maharashtra has not appealed the decision. In October 1995, under the SS-BJP regime, Tyagi was elevated to the post of commissioner of police, Mumbai. He has the unique distinction of attempting to destroy the mohalla peace committees. After retirement he even openly stated that he was a loyal Shiv Sainik!!)

E) Mahim: Police constable Sanjay Laxman Gawade was openly indulging in riots and violent activities while carrying a naked sword along with Shiv Sena activist Milind Vaidya. Though the constable was placed under suspension and the sanction of the government was sought for his prosecution, the sanction has not yet been granted. The commission recommends that such sanction should be granted.

(RTI findings: This is the only case where an accused policeman was dismissed from service, on August 20, 2003.)

F) LT Marg: Assistant police inspector Kamath, for utter dereliction of duty by not acting against the miscreants in the Diamond Jubilee Compound incident (CR No. 25 of 1993).

(RTI findings: API Kamath’s increments were stopped for some months. There was no prosecution.)

G) MRA Marg: PC-24242 Vidyadhar Raghunath Shelar, police inspector Salvi, police subinspector (PSI) More. Babu Abdul Shaikh had been taken into custody by them. But because of their conduct he was attacked and murdered by Hindu miscreants (CR No. 579 of 1992). Though the accused, all active Shiv Sainiks, have been arrested, the conduct of the police personnel is not beyond reproof.

(RTI Findings: PC Shelar was kept on minimum pay scale for a year; no action was taken against PI Salvi.)

H) Nagpada: Police inspector Dhavale overreacted by firing at a mob of 10-12 miscreants throwing stones, resulting in injury to a two-year-old child. Constable Sanjay Bhosale was part of the miscreant mob which broke open and looted articles from the shop ‘Cat’s Collections’.

(RTI findings: PI Dhavale was exonerated during trial; the state government did not appeal his exoneration.)

I) Tardeo: PC-7783 Shrirang Pathade, popularly known as "Richard Hawaldar", was openly collaborating with the Shiv Sainiks in looting and violent activities.

(RTI findings: PC Pathade was simply transferred and exonerated of all wrongdoing.)

J) RAK Marg: Police subinspector NK Kapse’s act of unprovoked firing at Hilal Masjid [Hari Masjid] killed six Muslims (CR No. 17 of 1993).

(RTI findings: PSI Kapse did not appear before Justice Srikrishna but was simply exonerated through a departmental inquiry on November 20, 2002. He has since been promoted.)

K) Antop Hill: Inspector BB Shinge, subinspector Shivgonda Patil and constables AM Ghadi, AY Kamble, PS Dukare, DR Phadtare, SP Patil and BK Gaikwad failed to protect the lives and properties of the Muslim victims.

(RTI findings: Charges were not proved against BB Shinge; Constable Ghadi was compulsorily retired; Kamble was kept on a minimum pay scale for two years; Dukare was suspended and kept on a minimum pay scale for one year; Phadtare was transferred and put under suspension while Patil and Gaikwad were transferred and exonerated.)

 

 


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