The recent revolution in the Case of Gulberg Society Riot (2002), is the Special Investigation Team (SIT) being the prosecution agency, as have been formed by Hon’ble Supreme Court of India, defended former top-ranked Gujarat Police Officer against the plea of the Survivor’s to arraign them as the accused, including the then Assistant Commissioner of police (Crime Branch), S. S. Chudasama; the then City Police Commissioner, P. C. Pandey; Former Joint-Commissioner of police M. K. Tandon and Former Assistant Commissioner of Police P. B. Gondiya.
It has submitted in defending these four Police officials, before the Gulberg Society Trial Court Judge P. B. Desai, by the Special Public Prosecutor(SPP), R. C. Kodekar, from the Special Investigation Team, that on observing the conduct of these four Police officials, no criminal negligence could be found during the time of the massacre.
SPP, R.C. Kodekar of SIT, stated that, the SIT earlier has suggested departmental enquiry if in case of negligence in performing duty is there. He further, stated that former investigating Officer of SIT, Mr. A.K. Malhotra (the then Deputy Inspector General in CBI) had already reported before hon’ble SC that, the former Joint-Commissioner of police M. K. Tandon and other three Police officials, had no negligence on their part during the riots.
The allegations levelled against these four former top-ranked Police Officials, contains the one regarding non-reacting on time to rein in a mob, which went on rampage and killed around sixty nine persons especially from the minority community and also including former Congress, Member of Parliament, Mr. Ehsan Jafri, who died in the riot. As such the Survivors of riot applied for arraigning these four Police officials as the accused in the concerned prosecution.
It was state by SPP of SIT that on the Report of A.K.Malhotra, which was submitted before Hon’ble Apex court in the year 2011 and also amicus curiae of the Case Raju Ramchandran has also submitted his report in the case, the Apex Court had directed the Trial Court that it may take cognizance of such report.
SPP of SIT, MR. Kodekar to resume his submission on or about 1st April. Advocate, S.M. Vora representing the Victims in the riot case, submitted that the said four former Police officials were in fault as they did not take any adequate action for controlling the mob while continuance of the riots in the year 2002.
by Faim Khalilkhan Pathan.