Observing that there was no justifiable material before the court to disbelieve the report filed by Central Bureau of Investigation (CBI) giving a clean chit to policemen in the 1993 Hari Masjid firing case, a special CBI magistrate on Tuesday accepted the closure report filed by the agency’s investigating officer.
The court’s acceptance of CBI closure report in the case closes it. Special CBI magistrate Laxmikant Bidwai, in his order, observed that the original complainant, Farooque Mapkar, had been summoned and had appeared before the court in 2011-12. But till date, Mr Mapkar did not file any protest application though time and again opportunities were granted to him to do so.
“Keeping in mind that the case is more than five years old, at this juncture, there is no justifiable material before the court to disbelieve the report of investigating officer Pramod Kumar Manjhi and at the same time, considering that despite availing four to five years’ time, the complainant had failed to a file protest application, (if he desires so), no purpose would suffice by survival of case,” observed the magistrate.
The order has further said that though Mr Mapkar had filed one application praying that the case be committed to the sessions court as this court had no jurisdiction to entertain it, this application was rejected in August 2012.
From this date, Mr Mapkar did not take any constructive steps to refute the investigating officer’s report.
Considering all these circumstances, the judge said there was no hurdle in his mind to accept final report filed by investigating officer “suggesting that no incriminating evidence is available to forward the accused for trial”.
Reacting on the order, Mr Mapkar told The Asian Age, “The order was passed without hearing us. We wanted to make oral arguments, while the judge was insisting on written arguments. Hence, we will challenge this order.”
Background of the case According to the Srikrishna commission report, a group of policemen headed by then sub-inspector Nikhil Kapse had entered the masjid and fired at people indiscriminately. One of the victims, Farooque Mapkar was shot in the abdomen when he tried to escape. Six other men were fired at and dragged to the RAK Marg police station. All six succumbed to their injuries.
