Three petitions filed in Suleman Bakery case

Mumbai, Mar 19 (UNI) The Maharashtra Government is likely to file its reply in response to the three petitions filed in the Suleman Bakery police firing case, which will come up for hearing on Monday before Justice R S Mohite of the Bombay High Court.

The first petition has challenged the discharge of R D Tyagi while the other has questioned the Sessions Court order rejecting the discharge of the accused.

The third plea has been made by two accused, who are seeking the court's approval for their discharge from the case on the grounds that the state government cannot give two versions of the same case.

The prosecution had framed charges against the police oficers based on the Special Task Force Report, saying police firing was unjustified and contrarily there here charges also framing the public.

On January 18, the High Court, while admitting the appeal of Ashfaque Ahmed and Noor-ul-hudda, two of the accused from the public, challenged the Sessions Court order passed on September two last year, which had dismissed their plea on the ground that the prima facie evidence was available against them.

Aggrieved with Additional Sessions Judge D D Joshi's order, the two then moved the Bombay High Court which, in turn, issued notice to the Maharashtra Government to file its reply.

The petitioners had earlier contended in the court that the Sessions Court order was needed to be set aside on the ground that the police had wrongly chargesheeted them.

On January 9, 1993, the Special Operations Squad headed by R D Tyagi, then joint commissioner of police (crime), had fired indiscriminately inside the Suleman bakery in south-central Bombay, killing nine people who belonged to the minority community.

Later, the Special Task Force registered a case against Tyagi and others on a recommendation made by Justice B M Shrikrishna.

The Court was told that the two FIRs were contradictory to each other, hence they should be ordered to be discharged from the case.

According to the appeal, the police had registered two offences pertaining to the case. One was registered against 78 persons, who had allegedly attacked the police party. The police had arrested eight accused persons in the case.

The court was also told that second FIR registered by the STF was against Tyagi and others for allegedly killing nine unarmed persons.

The Sessions Court had then discharged Tyagi and other police official from the case for lack of evidence.

It was submitted that the first FIR was lodged with an aim to justify the killing of nine unarmed persons. The petition also states that the current chargesheet is contradictory to the one filed against the police. It also alleges that when the case came up for hearing at Sewri, the state government failed to mention the STF report. The Bombay High Court had then stayed the proceedings till further orders.

UNI XR KD AD VC1142