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CBI drags its feet over Hari Masjid probe

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Mohan Kumar

Posted: Feb 02, 2009 at 0315 hrs IST

Mumbai It has been 45 days since the Bombay High Court ordered the CBI to investigate the 17-year-old Hari Masjid firing case, based on a complaint lodged by an accused and victim, Farooq Mapkar.

The High Court had on December 18 directed the CBI to register an offence to investigate the case and file a report within six months of registering the case. The case pertains to the death of seven persons in police firing inside the Hari Masjid mosque of Wadala during the 1992-93 communal riots.

Farooq Mapkar, who was chargesheeted for murder and rioting in 1992-93, had urged the court to initiate action against the then police sub-inspector, Nikhil Kapse, who had been indicted by the Srikrishna Commission report.

With the investigating agency not making any progress in the case, Mapkar has now written a letter to the CBI and the state government, seeking to know the reasons for the delay.

Mapkar’s lawyer Shakil Ahmed, who drafted the letter, said: “Till now no offence has been registered and no intimation has been given to the complainant for his statement or signature on the FIR. We have mentioned everything in the letter that was sent 10 days ago.”

When contacted, a CBI official admitted that there has been no progress. “The case has been handed over to the special crime branch,” he said. The officer dealing with the investigation is out of station and could not be contacted.

The court had earlier observed that the case affects “the very soul of India” and held that the “matter should be investigated for the rule of law to survive”. It also observed that this is in the interest of public and for restoring the faith of every section of the society in the system. It had slammed the State for the one-sided investigation of the Special Task Force and the Central Government for its reluctance to hand over the case to CBI for investigation.

When contacted, Mapkar said he has not heard from the CBI ever since the case has been transferred.

Mapkar, who survived a bullet injury on that fateful day, has been fighting a lone battle even after the acquittal of 24 other accused in the case. Mapkar’s trial was separated from the rest after he raised objections during the trial.

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