9 May 2024 6:27 AM GMT
The Supreme Court, in its order dated May 06, observed that there is hardly any compliance by the State of Maharashtra with the recommendations regarding police reforms made by Justice Srikrishna Commission in the report relating to the 1993-93 Bombay Riots. The Commission was constituted by the State in the year 1993 to look into the causes of the fearsome riots that engulfed Mumbai in December 1992 and January 1993, which occurred after the demolition of the Babri Masjid.
The recommendations included strict standards of physical fitness for police officers, improvement in their work conditions, and proper housing facilities. Regarding this, the Court, in its instant order, observed that the total strength of the police force in Maharashtra is 2,30,588. However, residential accommodation has been provided to less than one-fourth of the police personnel.
“It is stated that now there is a proposal to construct only 305 service quarters. This is hardly any compliance with the recommendations of Justice Srikrishna.,” the Court added.
In view of this, the Court directed the Secretary of the Home Department of the State of Maharashtra as well as the Director General of Police to look into the implementation of the recommendations pertaining to the police force. These two officers are required to hold meetings with the other stakeholders.
The Bench of Justices Abhay S. Oka and Ujjal Bhuyan was hearing an application filed in the matter where the Court had, in 2022, passed a slew of directions regarding the implementation of the Commission's recommendations. Among others, the recommendations included paying compensation to the victims of the riots and violence and initiating disciplinary proceedings against the erring police officials. These proposals were also accepted by the State Government.
Noting the lack of compliance with certain directions, the Court asked the State to file a better compliance affidavit by 19th July 2024. Further, the Maharashtra State Legal Services Authority was also directed to report further compliance by the same date. Accordingly, the Court directed the Registry to communicate the present order to the Maharashtra State Legal Services Authority Secretary.
It may also be noted that, earlier on March 01, the Court had highlighted the non-compliance by the State with respect to the three directions passed by the Court in its 2022 judgment. These were:
“x. The State Government shall provide details of the only pending riot-related criminal case before the Sessions Court at Mumbai to the Registrar General of the Bombay High Court who shall bring it to the notice of the concerned Court that the case needs to be disposed of at the earliest;
xi. The State Government shall provide details of 97 cases on dormant files to the Registrar General of the Bombay High Court within one month from today. On receipt of the details, the High Court on the Administrative side shall issue necessary communication to the concerned Courts in which the cases are pending to take necessary steps to trace the accused. The State Government shall immediately constitute a Special Cell to trace the absconding /missing accused in these cases and to assist the concerned Courts so that the Trial can proceed against them; and
xii. The State Government shall expeditiously implement all the recommendations made by the Commission on the issue of reforms in the police force which were accepted by it.”
In the latest order, the Court directed the State to file a "better compliance affidavit" by July 19, 2024
Case Title: SHAKEEL AHMAD VS. UNION OF INDIA., Miscellaneous Application No. 2070/2023 in W.P.(C) No. 182/2001