Counsel for Manohar Kadam — the SRFP sub-inspector who was convicted for firing on a Dalit mob at Ramabai Ambedkar Nagar in 1997 and killing 10 people — argued that he (Kadam) did not fire a single bullet on the fateful day.
Raja Thakare, Kadam’s counsel, argued before the high court on Wednesday that Kadam was convicted for life whereas those who did fire were not even made co-accused in the case.
Besides, the police did not take necessary sanction under the Criminal Procedure Code and the Bombay Police Act for prosecuting Kadam, argued Thakare. Kadam was prosecuted after obtaining the relevant sanction under the State Reserve Police Force Act.
Also, if there is apprehension of threat to life or damage to government or personal property, the police can use force even if it risks causing death.
Public prosecutor Usha Kejariwal submitted affidavit on Wednesday opposing Kadam’s bail application.
The affidavit filed by Jalindher Chavan, police sub-inspector of special squad attached to the Detection Crime Branch Crime Investigation Department, states Kadam had not taken proper care before opening fire.
Kadam did not follow police rules during disturbances and measures to be taken during communal riots, stated Chavan’s affidavit.
The affidavit added that although Kadam has taken the ground of self-defence, he had not been able to justify it during his cross-examination.
The HC will hear the arguments on Thursday.
On May 7, a sessions court had sentenced Kadam to life imprisonment for firing upon a Dalit mob in Ramabai Ambedkar Nagar.
The HC is hearing his bail application pending his appeal.