7 months ago
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A sessions tribunal successful Mumbai has acquitted the past remaining accused successful a 1993 communal riots case, bringing closure to a proceedings that spanned implicit 3 decades.
The tribunal held that the prosecution failed to beryllium the engagement of Asif Ali Hasmulla Shaikh, 53, successful the unit that erupted successful Mumabi’s Wadala during the January 1993 riots.
Mumbai witnessed 1 of its worst communal riots successful the aftermath of the demolition of Babri Masjid successful Ayodhya connected December 6, 1992. The riots claimed an estimated 900 lives successful Mumbai.
‘No evidence’
In the December 5 order, a transcript of which was made disposable connected Thursday, Additional Sessions Judge M.B. Oza observed, “There is perfectly nary grounds to amusement the complicity of the accused successful the said crime.” The justice noted, “There was nary recognition parade. The witnesses admitted that the accused persons were chartless to them anterior to the incident.”
The tribunal pointed retired that nary of the 3 prosecution witnesses identified Mr. Shaikh oregon described his information successful the violence. “Admittedly determination was mob of 300 to 400 and it was hard to ascertain who actively participated successful vandalisation,” the tribunal observed.
The lawsuit dates backmost to January 12, 1993, erstwhile 300-400 radical from some Hindu and Muslim communities clashed successful Wadala.
According to the FIR lodged by PSI Sunil Bajare, the mob was pelting stones, soda bottles, and throwing burning balls and conduit lights. Police resorted to lathi-charge and fired firearm rounds successful the aerial to disperse the crowd. Four persons were injured successful the stone-pelting.
Fifteen individuals were arrested and charged nether Sections 307 (attempt to murder), 143, 144, 145, 147, 148, and 149 of the Indian Penal Code. While 14 of them were acquitted betwixt 2003 and 2023, Mr. Shaikh remained absconding for years. He was arrested successful July 2025 connected a non-bailable warrant and aboriginal released connected bail.
The tribunal held that the prosecution failed to establish any incriminating enactment by Shaikh. “In my presumption the charges levelled against the accused No.09 are not proved,” the justice said, adding, “The prosecution has not proved the ingredients of Sections 307, 143, 144, 145, 147, 148, 149 of the IPC against the accused.”
The judgement pointed retired that nary of the 3 prosecution witnesses identified Shaikh oregon described his information successful the violence.
“Admittedly determination was mob consisting of 300 to 400 radical and it was hard to ascertain who was actively participated in the vandalizing the property,” the court observed.
It besides noted, “None of the prosecution witnesses has deposed that 4 persons sustained wounded owed to pelting of chromatic and they referred for aesculapian treatment.”
Consequently, the tribunal acquitted Shaikh nether Section 235(1) of CrPC, cancelled his bail bond, and directed him to furnish a idiosyncratic enslaved of ₹5,000 nether Section 437-A CrPC.
“Accused No.09 Asif Ali Hasmulla Shaikh is hereby acquitted for the offences punishable nether Sections 143, 144, 145, 147, 148, 307 r/w 149 of IPC successful transportation with C.R. No.9/1993 registered with Wadala Police Station,” the bid concluded.
