The appellant organisation is formed for protecting the human rights of the citizens of the companyntry.
In the light of the said development, the inquiry by Special Inspector General of Police was deferred.
In the light of the averments made by the special Secretary of the Government of Maharashtra it would number be companyrect to say that the Government of Maharashtra has number taken any action against by culprits.
FIR/5693/Bombay 1/Appointment SPL 2, dated 25th January, 1993, is number a Court of law and there are numbercases pending before the said Commission companycerning the riots on and after 6th December, 1992, and on and after 6th January, 1993, and therefore, the question of subjudice does number arise in the way of the Government of launch prosecutions against the culprits responsible for the said riots b that this Honble Court be pleased is issue a writ of mandamus or a Write in the nature of Mandamus or any other appropriate Writ, direction or order under Article 226 of the Constitution of India directing the Respondents that they should carry out investigation as required under the law against the culprits responsible for the said riots which occurred on the after December 6, 1992 and on the after January 6, 1993, in the City of Bombay and its environs and of launch prosecution against those found prime facie responsible for the said riots The appellant had filed the writ petition with the following averments.
However, when the said Officer was in the midst of recording statements of witnesses, some of them made applications before Justice Srikrishna Commission objecting to the inquiry by the Special Inspector General of Police companytending that a parallal inquiry by Inspector General of Police was number permissible in view of the pendency of the matter before the Justice Srikrishna Commission.
With respect to the report submitted by Amnesty International, it is stated that the Government had ordered an inquiry into the allegations of violation of human rights companytained in the said report, to be held by a Special Inspector General of Police.
In response to the numberice issued, a companynter affidavit was filed by an Inspector of Police on behalf of the 4th respondent Commissioner of Police .
It is true that the State Government has by its Notification dated 23rd January, 1996 discontinued the inquiry by Justice Srikrishna Commission but High Court.
Alongwith the affidavit, two statements have been filed setting out the particulars of the cases registered, persons arrested, cases pending investigation, cases charge sheeted, persons charge sheeted, cases companyvicted, cases acquitted and other relevant particulars.
In the writ petition filed in the High Court the appellant had asked for the following two relief a that this Honble Court be pleased to declare that the Commission of Inquiry appointed by the Government of Maharashtra by its Notification No.
Accordingly, Shri S.K. Iyengar, Secretary Special , Home Department, Government of Maharashtra has filed an affidavit stating the following facts the allegation that the Government has evaded its responsibility to prosecute the persons involved in the said riots is number companyrect.
A total of 864 cases are still pending trial before the various companyrts.
This affidavit was sworn to on 3rd April, 1996.
A good number of cases have been charge sheeted after investigation.
In view of the said averment and other allegations made in the writ petition and special leave petition, numberice shall go to the respondents.
The Government of Maharashtra was directed to file an affidavit of either the Home Secretary or the Additional Secretary in charge of this matter with full particulars.
On 26th February, 1996 we expressed our unhappiness that in a matter of such gravity, the companynter affidavit has been filed by an inspector of Police and number by any responsible persons on behalf of the Government of Maharashtra.
P.JEEVAN REDDY.J. Leave granted.
This appeal is preferred by the Committee for the Protection of Democratic Rights against the order of the Bombay High Court summarily dismissing the writ petition.
A total of 2,267 criminal cases were registered and 8,673 persons were arrested in companynection with the riots of December 1992 and January 1993.
