Mumbai, Feb 7 (UNI) The Bombay High Court today gave clear indications to drop the appeal against discharge of eight policemen, who had been chargsheeted in the Suleiman Bakery police firing that had taken place during 1992-93 communal riots in the Metropolis.
A single Judge bench of Justice Karnik today asked petitioner Noorulhuda Maqbool Ahmed's counsel Vijay Pradhan to consider dropping the appeal against all policemen, except Ram Deo Tyagi, as the other policemen could not be charged with colourable excercise of power as they had only carried out orders of their superiors.
Justice Karnik elaborated his point, saying if every policeman and soldier goes on to check, whether orders of their superior were legal or not, no discipline could be maintained in these forces and asked the counsel to concentrate on only appeal against discharge of Tyagi.
The court adjourned further hearing on the matter till February 22 as Mr Pradhan sought time to decide over the issue.
During the second spell of communal riots, on January 9, 1993 after receiving reports of firing from compound of Suleiman Bakery, located on Mohammad Ali road in South Mumbai, police had broken open the bakery. At least eight persons were killed and Noorulhuda was injured in the police firing that was ordered by then Joint Commissioner Tyagi.
After report of Justice Srikrishna Commission, which enquired into the communal riots, was submitted in February 1998, the Special Task Force, appointed by state government to implement the report, had registered FIR against Tyagi and 17 other policemen. But, a sessions court had discharged Tyagi and Bhagwan Lahane, Subhash Sawant, Santosh Koyande, Chandrakant Raut, Anil Dhole, Satishkumar Naik, Ganesh Satwase and Anant Ingale on April 16, 2003, saying that they had acted in line of their duty and no ulterior motive could be attributed to them.
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A single Judge bench of Justice Karnik today asked petitioner Noorulhuda Maqbool Ahmed's counsel Vijay Pradhan to consider dropping the appeal against all policemen, except Ram Deo Tyagi, as the other policemen could not be charged with colourable excercise of power as they had only carried out orders of their superiors.
Justice Karnik elaborated his point, saying if every policeman and soldier goes on to check, whether orders of their superior were legal or not, no discipline could be maintained in these forces and asked the counsel to concentrate on only appeal against discharge of Tyagi.
The court adjourned further hearing on the matter till February 22 as Mr Pradhan sought time to decide over the issue.
During the second spell of communal riots, on January 9, 1993 after receiving reports of firing from compound of Suleiman Bakery, located on Mohammad Ali road in South Mumbai, police had broken open the bakery. At least eight persons were killed and Noorulhuda was injured in the police firing that was ordered by then Joint Commissioner Tyagi.
After report of Justice Srikrishna Commission, which enquired into the communal riots, was submitted in February 1998, the Special Task Force, appointed by state government to implement the report, had registered FIR against Tyagi and 17 other policemen. But, a sessions court had discharged Tyagi and Bhagwan Lahane, Subhash Sawant, Santosh Koyande, Chandrakant Raut, Anil Dhole, Satishkumar Naik, Ganesh Satwase and Anant Ingale on April 16, 2003, saying that they had acted in line of their duty and no ulterior motive could be attributed to them.
UNI XR OBB VD DB2027
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