The Maharashtra government on Tuesday told the Bombay High Court that CBI has refused to take up a probe in the Hari Masjid firing case, as the investigation agency was overloaded.
The state will resubmit the proposal in this regard to the Union Home Ministry on Wednesday; public prosecutor Satish Borulkar told the court.
Division bench of Justices S B Mhase and Amjad Sayed, however, asked the government why it is taking so long to resubmit the proposal, which is right now being processed by Deputy Chief Minister R R Patil.
The Court asked Principal Home Secretary of the State to explain the delay by tomorrow and asked the state to produce its communication to the CBI by 1500 hrs on Tuesday.
Six men died at Hari Masjid in police firing, which dates back to the 1992-93 Mumbai riots. According to the Srikrishna Commission report on Mumbai riots, the firing led by assistant police inspector Nikhil Kapse was "unjustified."
One of the survivors of firing, Farooq Mhapkar, had filed a case, seeking a CBI probe into the incident. The government had closed the case citing Special Task Force's report giving a clean chit to the police.