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Srikrishna report case to be heard in SC on Sept 26

Syed Firdaus Ashraf in Bombay

The Supreme Court will hear the case on the Srikrishna Commission's report on September 26.

The Shiv Sena-Bharatiya Janata Party Government rejected the report after it was tabled in the Maharashtra Assembly on August 6, 1998. The government alleged it was biased, anti-Hindu and pro-Muslim.

The commission, set up to probe the 1992-1993 riots and the subsequent serial bomb blasts in Bombay, had accused Shiv Sena chief Bal Thackeray of inciting communal frenzy through his writings and directives to party workers.

Soon after the government rejected the report, a petition was filed in the Supreme Court, requesting the court to implement the report. The petitioners were Arshad Siddiqui, Arif Naseem Khan, Maulana Qudoos Kashmiri, Fayaz Ahmed and Hafiz Athar.

Siddiqui, convenor for the Action Committee for Implementation of the Srikrishna Report, told rediff.com, "We don't have any extraordinary demand, except that the findings of Honourable Justice Srikrishna should be implemented."

The petitioners have also sought compensation for the kith and kin of the riot victims.

"When the Delhi government can compensate Sikh victims for the riots of 1984, why can't they pay Muslims?" argued Siddiqui.

Leading counsel for the petitioners, Anis Suhrawardy, told rediff.com over the telephone from Delhi, "In the process of the report's implementation, charge-sheets have to be filed. As per the gravity of the offences, penal offences have to be drafted within various provisions of criminal acts, like the Indian Penal Code and Criminal Procedure Code, and after provision with respect to the offence."

He added, "Prosecution has to be initiated by the Maharashtra government. The central government has told the Supreme Court that it is maintaining its stand that the state government was competent to take action and hence will not intervene in the implementation of the Srikrishna Commission report.''

All constituents of the Democratic Front government in Maharashtra had pledged in their manifestos to implement the Srikrishna commission report if they came to power.

Earlier this week, the Maharashtra government had appointed DIG-rank police officer K P Raghuvanshi, currently on deputation to the Centre, as head of a three-member taskforce to implement the Srikrishna commission recommendations.

SPs Y P Singh and S M Syed will constitute the taskforce, which will sort out documents and evidence to facilitate the filing of charge-sheets.

Deputy Chief Minister Chhagan Bhujbal had stated that the work was to be completed in six months, with legal advisors and other staff to assist the force, being provided without delay.

Eminent lawyer Adhik Shirodkar, who is also a Shiv Sena Rajya Sabha member, told rediff.com that everybody knows that the Democratic Front wants to implement the commission report, but evidence before a commission was not legal since it was not taken under oath.

"Let the government file a case and investigate that. At present we are absolutely calm and stitpradnya (Don't be unduly elated in good times and don't be unduly depressed in adverse times)," added Shirodkar.

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