January 2008 
Year 14    No.127
Campaign


Directions sought from the Supreme Court

Ø 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.

Ø 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.

Ø 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’.

Ø 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.

Ø 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.

 

 


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