MUMBAI, June 18: On the concluding day of the Gundewar commission's proceedings today, Mumbai police counsel Ujjwal Nikam justified the firing ordered by PSI Kadam, who, he said, observed all norms prescribed for dispersing unlawful assemblies. Nikam told the court his submission was based on scientific and documentary evidence.Counsel for Shiv Sena Bharati Mahant, in her submissions, charged the Congress for maligning the alliance government and discrediting Shiv Sena and its chief Bal Thackeray. She said in 1994, when Congress was in power, 47 statues were desecrated, but no hue and cry was raised. She added that during cross-examination, Congress counsel B A Desai was unable to contradict the affidavit filed by Rajendra Agarwal, who accused Chhagan Bhujbal of instigating him to desecrate Dr Ambedkar's statue.
Mahant questioned the appointment of Anand Patwardhan as an expert in connection with the video film. She said Patwardhan told the commission the cassette was edited. ``How can a man alreadyexamined by the self-appointed commission of retired judges Daud and Suresh be examined again?'' she asked. Had the commission been informed about Patwardhan's deposition before the earlier commission, Mahant said, it would have surely summoned someone else.The commission will submit its report to the state government.
The Justice S D Gundewar commission was set up following a notification issued by the state government on July 16, 1997, after members of opposition demanded a judicial probe into the police firing at Ramabai Ambedkar Nagar.
On August 13, 1997, a statement was issued by the commission's secretary for filing of affidavits. After affidavits were filed by September 26, the judge, along with the commission's staff, visited Ramabai Nagar. On November 10, 1997, recording of evidence began and continued up to May 6, 1998.
Written and oral submissions were made thereafter by the respective counsels. Those who were represented included the Shiv Sena and Congress party, Mumbai police, the stategovernment, Congress corporator Namdeo Ubale, and RPI activists Vikas Pawar and Chintamani Gangurde.
Affidavits were filed by Ravi Shinde, the amateur videographer who recorded the incident both on his video camera and still camera, Rajendra Agarwal, who claimed he was responsible for the bust's desecration and had done it at the instance of opposition leader in the Legislative Council Chhagan Bhujbal, and PSI M Y Kadam, who ordered the firing.
A report on the film was also submitted by an expert of Films Division, who gave a clean chit to Ravi Shinde.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
