There Is More To The Mumbai Violence Than Yakub Memon

NEW DELHI: The focus on the alleged role of Yakub Abdul Razzak Memon in the Mumbai bomb blasts has helped further obliterate the violence that had gripped Bombay (as it was known then) from December 7,1992 within hours of the demolition of the Babri masjid in Ayodhya. The violence was in two phases, in December and again in early January followed later by the bomb blasts in March 1993 but the use of selective history has served to eclipse what Justice B.N. Srikrishna who headed a Commission of Inquiry (1993-98) described as a ‘festering wound’ created by the denial of justice.

Memon, who has petitioned the President of India for mercy against his death sentence scheduled to be carried out on his birthday, July 30, was alleged to have been involved in the bomb blasts as he was the brother of Ibrahim Memon that the Mumbai police had declared as the chief conspirator of the 13 blasts that hit the capital at that time. About 257 persons were killed in the heinous bomb blasts that shook the capital of Maharashtra at the time. Memon has since maintained that he was innocent, and had voluntarily surrendered to the Indian authorities in the belief that he would get justice.

The trajectory of violence began on December 7 with a second debilitating phase in January 1993. In these two rounds alone 1500 persons were killed, 1.829 injured and 165 went missing. The Srikrishna report set a record of sorts by its unflinching commitment to justice, and set about a series of recommendations that were never implemented. The Report, in two volumes, details the incidents in the violence, discusses the evidence in respect to the 26 police stations involved, and analyses the statements by politicians, police officers, journalists and others. It is a painstaking record that was virtually thrown into the bin by the governments at the time, and never picked up by any of the political parties that came into power since. As Justice Srikrishna himself said in an interview in 2012 , the most “charitable explanation” that he could give for this was the desire of all “to let sleeping dogs lie.”

The evidence collected was traumatic, recording instances of Shiv Sainiks and the Mumbai police going into houses and killing innocent inhabitants. Asked by the interviewer about the then well known Hari Masjid incident, Justice Srikrishna said that prima facie evidence established that the police had entered the mosque and opened fire on the unsuspecting congregation. He described this as “inhuman” and said that a police man was named as being the prime motivator, but clearly no action was taken against him. In his report he indicted 15 police officers including then joint commissioner of police R.D. Tyagi, and 16 police constables for their 'delinquency' during the riots.

It might be recalled that the Congress government was in power at the time in the state, and the centre. Sudhakarrao Naik was the Chief Minister (25 June 1992-22 February 1993) and was subsequently indicted by the Srikrishna Commission for his failure “to act promptly and give clear cut directives.” The Commission noted his and the police force “ "built-in bias" against Muslims that "became more pronounced with murderous attacks on the constabulary and officers." The report also criticised the role of NCP leader and then Defence Minister Sharad Pawar.

In fact the Commission of Enquiry went through its own ordeal, with a change in government in Maharashtra leading to a notification from the Shiv Sena that had come to power, to wind it up. Then Prime Minister Atal Bihari Vajpayee, faced with civil protests, wrote a personal letter to the Chief Minister asking him to reverse the order which was done at the time. However, when the report appeared it was followed by a major attack on the respected Judge and shot down as being “anti-Hindu”. As he said in subsequent interviews, this was a “joke” more so, as “I am a kattar Hindu.”

Justice Srikrishna in the 2012 video interview said that the Commission of Inquiry is invoked, when as in the case of Mumbai, “the state machinery is part of the wrongdoings then it will never investigate. If anytime material turns up it will reject it saying, oh there is nothing in this. Or it may deliberately sabotage the investigation so that the real wrong doers are never brought to book.” He has openly admitted, 20 odd years later, that the report was buried by successive governments, and that there is dire need for amendments in the Act to give such Commissions more power. He said that these are clearly appointed by the ruling politicians to deflect criticism and buy time, as public memory is short. Besides the report goes in favour the government can claim credit, and if it goes against, it can then reject it as biased.

Any number of incidents were recorded by fact finding committees and the Commission. A well remembered case is that of Hazira bi. Alleged Shiv Sainiks killed her husband after cutting off his hands in front of her. She was thrown down and became unconscious. She recovered in a camp. Her son had disappeared, and he never returned. Nothing came of the case and it went into the records as “neither true nor false.”

The Congress Chief Minister and his government looked the other way as Shiv Sainiks and others marched into Muslim homes with the police, shouting slogans, and shooting people dead, or burning them alive. Hindus too were burnt alive in the second phase of violence by mobs in some of the slum areas with fear stalking the poor, and the violence destroying communal harmony. The majority of those killed were, however, Muslims particularly as the police had allegedly joined the marauders. Shops were destroyed, houses burnt down with the administration becoming party to the violence instead of controlling it. When arrests did take place, most of the persons rounded up were from the minority community.

The government failed to take action against the accused. There was little to no effort to give compensation to the victims. In March 1993 Mumbai was rocked by 13 bomb blasts that killed 257 persons, and injured 1400. Some action was taken here in that chief conspirators were identified, and brought before the courts. Many others reportedly absconded. Justice Srikrishna who also investigated this said the violence should be a lesson to all communities, as it imperative for “a sense of brotherhood to prevail.” He said, however, that this was a response---violent and of course unacceptable--- to the festering wound left by the denial of justice.