Former police commissioner of Mumbai RD Tyagi got a clean chit for the second time in the Suleiman Bakery firing case during the 1993 riots.
The Bombay High Court on Friday upheld the sessions court’s order and discharged Tyagi and eight police officials over the killing of eight people.
Tyagi and 17 others were charged with killing eight people inside Suleiman Bakery at Pydhonie on January 9, 1993. Tyagi had allegedly ordered the Special Operation Squad to break open the bakery’s door and in the melee eight people died and more than 10 injured.
Justice Mridula Bhatkar observed that evidence does not reveal Tyagi and others had “intention to murder”.
In her 17-page judgment, justice Bhatkar observed: “The learned trial judge has rightly observed that the firing in the bakery was unnecessary. Indeed, it was a cruel and atrocious act on the part of the police. In the case of the communal riots a humane and sensitive approach is expected.”
The Srikrishna Commission had indicted Tyagi for his role in Suleiman Bakery case. The police booked 18 police personnel for murder and attempt to murder.
The sessions court discharged nine policemen, including Tyagi, in 2003.
One of the injured in the firing, Noorul Huda Maqbool Ahmed, challenged the sessions court’s order to discharge Tyagi and other policemen.
Advocate Shrikant Shivde argued that when Tyagi reached the spot, somebody fired towards them from the bakery. After taking stock of the situation, Tyagi asked the people inside the bakery to surrender, argued Shivade.
“Any police officer in Tyagi’s place would have issued the same order,” said Shivde.