Punish the
Guilty Murder by Cops Goes Unpunished
(Usman Suleman Bakery Incident)
On January 9, 1993, eight innocent persons were shot dead by a posse of
the Bombay police headed by then Joint Commissioner of Police RD Tyagi.
Tyagi was indicted by both the People’s Verdict and the officially
appointed Justice BN Srikrishna Commission. In its report, the Commission
observes that the version of the police does not inspire confidence (the
police had tried to justify the firing on grounds that the victims had
confronted the police); that the forensic report reveals that the victims
were fleeing and shot in the back; the Commission upheld the evidence of
the students and teachers of the Madrassas-e-Darul-Ulum Imdadiya and
observed that the police had been trigger happy and used force utterly
disproportionate to the occasion.
The residents of the Madrassa, including senior clerics had been
assaulted. Maulana Huda who became key witness later, was hit on the
forehead, he broke his finger, and falsely accused of harbouring weapons.
He saw his colleagues being beaten as they protested their innocence; his
senior being killed. Worse lay in store - those who survived the assault
were taken to the police station, beaten again and charged with attempt to
murder.
Tyagi, the policeman indicted was elevated to the post of Commissioner of
Police, Mumbai by the Shiv Sena-BJP combine in October 1995 when it came
to power. The trajectory of this case is a sorry comment on our criminal
justice system. Tyagi was discharged by the High Court on April 16, 2003,
the state of Maharashtra did not appeal the decision. Worse, the Supreme
Court, on July 4, 2011, confirmed the decision of the Bombay high court
and sessions court discharging former senior cop R D Tyagi and eight
others in the Suleman Usman bakery firing case of 1993.
Five months later. On December 20, 2011 the sole surviving witness of this
horrific incident, Maulana Nur ul Huda passed away in his village. Until
2001, when the Maharashtra government through its police had finally
charge-sheeted Tyagi due to the pressure from activists, he had remained
distant. Since 2001, he became the face of this struggle. He appealed the
discharge of Tyagi by the Bombay High Court and appealed the decision in
the Supreme Court. His words when deciding to appeal against Tyagi's
discharge by the High Court remain etched in memory: "I want to show that
we are not powerless, we too have guts. History will record that there
were people who fought."