The Supreme Court of India must specifically direct the Bombay High Court
to assign judges in adequate number to the special fast track courts to
try the December 1992-January 1993 Mumbai riot related cases.
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The Supreme Court must appoint a three-member monitoring committee to
independently study the Srikrishna Commission report and furnish its
recommendations to a special investigation team (detailed below) so as to
initiate proceedings against guilty police officers and other perpetrators
on the basis of the commission’s findings. This monitoring committee would
have the special investigation team functioning under its jurisdiction and
would report regularly to the Supreme Court. Besides this, the committee
would also study the acquittals in 1992-1993 Mumbai riot related cases and
recommend appeal where desirable. For this, the committee would be
authorised to co-opt judicial officers.
The monitoring committee would examine all records related
to prosecutions of the 1992-1993 riot cases, in particular vis-à-vis the
functioning of the state government’s Directorate of Public Prosecution
which was appointed especially for this purpose.
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The apex court must direct the state government to constitute a special
investigation team comprising the following police personnel (i) Sanjeev
Dayal, ADGP, Maharashtra; (ii) Arup Patnaik, Addl DG, (Street Traffic);
(iii) Dr K. Venkatesham, Addl CP, Mumbai (South); (iv) Rajneesh Seth, Addl
CP, Mumbai (Central); (v) Sadanand Date, Addl CP, Mumbai; and (vi) Devan
Bharati, DCP (Crime), Mumbai. The special investigation team must also be
authorised to select junior officers, of the rank of superintendent,
deputy superintendent and assistant commissioner of police, to assist the
special investigation team in reinvestigation of cases identified by
citizens’ groups, ‘Justice for All’ and ‘Nyaya Andolan’.
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The apex court must direct the special investigation team to examine the
role of police personnel and other perpetrators who have been indicted by
Justice BN Srikrishna and also outline the prosecution of these persons.
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Families of over a hundred missing persons (obviously killed) have not
been paid compensation. Therefore the apex court must direct the state
government to formulate a reasonable and consistent policy so as to
compensate those who go missing during or due to man-made or natural
calamities. The state should not delay payment of compensation to
heirs/next of kin of such missing persons on the specious plea that a
person cannot be presumed dead until seven years after the person
concerned went missing. They should further lay down a humane, rational
and easily accessible procedure whereby the families of such missing
persons can obtain compensation; more especially, they must be exempted
from paying stamp duty on the compensation they receive.