A sessions court in Mumbai on Friday for the second time issued a showcause notice to the investigation officer of the 1993 riots case in which police officials have been accused of firing at Suleman Usman Bakery at Mohammed Ali road without a valid reason. The court has also asked the investigating officer to personally remain present in the court as he failed to submit articles related to the case further delaying the trial which has dy been pending for more than two decades.
The prosecution case is that 17 police officers, including former Mumbai police commissioner R.D. Tyagi. the then joint police commissioner (crime), fired at Suleman Bakery which resulted in the death of nine Muslims and injuring others on January 9, 1993. However, Tyagi and eight others were discharged from the case.
The sessions judge A.S. Mahatme was annoyed as the investigating officer had not submitted articles which forms part of the evidence, including records and articles seized during the investigation. So, the court is unable to frame charges on the accused. The matter was pending because Maulana Noor-ul-huda, complainant in the case died of heart attack a few years ago; however the state is now pursuing this matter.
The court had in August last year asked the prosecution agency to produce the record and list of witnesses along with the muddemal (articles seized during the investigation) before the court but the investigating officer has so far failed to produce it.
On the complaint of Noor-ul-huda clubbed with recommendations made by the Srikrishna Commission Report on the 1992-93 Mumbai riots, the government had appointed a special task force which recommends action against Tyagi and 17 other policemen on charges of murder. According to the report, Tyagi and two others were responsible for ordering his policemen to fire at the bakery and the men hiding there and the adjoining mosque.
The incident dates back to January 9, 1993, when the police received information that when a police team reached Mohammed Ali road, some person fired in their direction from the rooftop of Suleman Bakery.
The police alleged that the miscreants carried automatic firearms and revolvers. Soon Tyagi, accompanied by the Special Operations Squad (SOS), arrived at the spot. The SOS demanded the opening of the of the bakery which had been closed, but instead of opening the door, those inside started throwing acid bulbs and soda water bottles at the police. The police then burst tear-gas shells but with no effect.
When the miscreants refused to surrender despite warnings, the police had to open fire. The commission however did not believe the story.
