In its special leave petition (SLP) before the Supreme Court, challenging the Bombay High Court’s order for a CBI inquiry into January 1993 firing incident, the government has labelled Mapkar as an accused and has also flatly stated that “without the consent of state government... the CBI cannot be entrusted with the task of registering and investigating any criminal case in the state of Maharashtra.”

This stand has been taken despite the state’s notification last year for transferring the case to the CBI. Now in a counter affidavit before the Supreme Court, Mapkar has cited these grounds, pointing out the High Court observations that the inquiry by the Special Investigation Team was useless since they had not recorded the statements of victims and eyewitnesses. The counter affidavit states that a CBI inquiry is necessary because the SIT had failed in its duty. Besides, there is a clear-cut notification from the government, entrusting the inquiry to the CBI, it states.

Following the SLP, the Supreme Court had ordered a stay on the CBI probe against then police sub-inspector Nikhil Kapse, who had been indicted by the Srikrishna Commission Report for unjustified firing inside the Hari Masjid in Wadala. Defending Kapse, the government had stated that he has suffered enough in16 years and that he had only been executing his duty.