The Supreme Court on Wednesday asked the petitioners seeking implementation of Srikrishna Commission Report on Mumbai riots to file an affidavit detailing Maharashtra Government’s alleged lapses in taking action against those involved in the riots following demolition of the disputed structure at Ayodhya in December 1992.
A bench headed by Chief Justice KG Balakrishnan, which sought details of the alleges lapses on the part of the state police and prosecution, however, said it cannot pass any specific direction merely on the basis of the findings of an inquiry commission report.
“If there is complete failure of justice it will be certainly looked into but it has also to be seen that it was only an inquiry report and the action has to be taken by the government,” it said, adding “It is not possible for this court to go meticulously into each case but a general direction can be issued for taking action where there were gross lapses…”.
The bench gave the example of post-Godhra riots in Gujarat, where the Supreme Court ordered reopening of about 2000 cases. It indicated that cases where FIRs were not registered or even if registered, were closed without proper investigation or where there was no proper trial could be interfered with.
The bench asked the Action Committee for Implementation of Srikrishna Commission and other petitioners to furnish within six weeks the number of cases filed, the incidents with regard to which cases were not filed, those in which accused were discharged without action, public prosecutors were not taking action for trial, cases in which prosecutors were not appointed and other glaring mistakes, if any.
The petitioners alleged that successive government in Maharashtra faield to implement Srikrishna Commission report and those involved in the riots escaped penal action.
On behalf of the petitioners, senior counsel Rajeev Dhawan and YH Muchhala alleged there was gross failure of justice as three action taken reports submitted by the government in 1998, 2004 and April 2007 failed to specify the action taken against the culprits.
Even the Special Task Force constituted by the government to implement the Commission’s recommendations had sought action against several persons including police officers for their alleged involvement in the riots but no action had been taken, they submitted.