Supreme Court instructs Maharashtra to comply with 1992-93 Mumbai riots case directions

The Supreme Court ordered the Maharashtra government to implement its earlier directives related to the 1992 Mumbai riots, including resolving pending cases, compensating victims' families, and implementing police reforms. The court noted the non-compliance of its 2022 judgment and asked the state's DGP and home department secretary to provide a better compliance report by July 2024. The court also addressed the shortage of housing for police personnel and the need to trace missing accused in riot-related cases. The state government had earlier established a commission to investigate the riots and accepted its recommendations in 2022. The court's directions include expediting pending cases, forming a special cell to locate missing accused, and submitting a report on 168 missing persons.

The Supreme Court on Monday directed the Maharashtra government to implement its directions such as ensuring disposal of cases, grant of compensation to the kith and kin of the missing victims of the 1992 Mumbai riots and undertaking police reforms.

Irked over the non-compliance of its directions issued in a judgment of November 4, 2022, a bench comprising justices Abhay S Oka and Ujjal Bhuyan directed the Maharashtra DGP and the secretary of the state home department to look into the recommendations of the Justice B N Srikrishna Commission and file a ''better compliance'' report.

"The state shall file a better compliance report by July 19, 2024,'' the bench said and fixed a suo motu plea on the issue for hearing on July 26.

Dealing with one aspect, the bench noted that presently there are 2.30 lakh police personnel in the state force and the administration is under an obligation to construct dwelling units for them.

The state government, on January 25, 1993, had set up a commission under the Commissions of Inquiry Act headed by Justice Srikrishna, the then judge of the Bombay High Court, to deal with aspects such as circumstances, events and immediate causes of the Mumbai riots on and after December 6, 1992 following the demolition of the Babri Masjid at Ayodhya in Uttar Pradesh.

The bench, which had noted that the recommendations of the commission were accepted by the state government in 2022, issued a slew of directions in its judgment.

"The State Government shall provide details of 97 cases on dormant files to the Registrar General of the Bombay High Court within one month from today. On receipt of the details, the High Court on the Administrative side shall issue necessary communication to the concerned Courts in which the cases are pending to take necessary steps to trace the accused.

"The State Government shall immediately constitute a Special Cell to trace the absconding/missing accused in these cases and to assist the concerned Courts so that the Trial can proceed against them," the top court had said.

It had also directed the state government to provide details of the "only pending riot related criminal case before the Sessions Court at Mumbai to the Registrar General of the Bombay High Court" which shall bring it to the notice of the concerned court for its disposal at the earliest.

"The State Government shall expeditiously implement all the recommendations made by the Commission on the issue of reforms in the police force which were accepted by it," the 2022 judgment had said.

The top court, in its judgment, had also directed the state government to submit a report containing details of 168 people, who were reported to have gone missing during the 1992-93 communal riots in Mumbai.

It had observed that a March 2020 affidavit filed before it by the principal secretary of the home department of the state noted that 900 people died in riots and 168 persons were reported missing and compensation has been paid to the legal heirs of these deceased and family members of 60 missing people.

''There shall be a committee headed by the member secretary of MSLSA (Maharashtra State Legal Services Authority) to monitor the implementation of the directions issued by this judgment,'' it had said.

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