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Aug 30 21 tweets 3 min read
#SupremeCourt hearing plea seeking implementation of the report submitted by Justice Sri Krishna Committee over the 1992 Mumbai Riots.
Senior Advocate Colin Gonsalves submits that the Police Officers responsible has not been convicted yet, people had been give Rs. 2 Lakhs, these people should have been given Rs. 2 Crore compensation.
Justice Kaul: How can a person acquitted can be tried again?

Gonsalves: I understand that a person acquitted can not be convicted again...
Justice Kaul: Being on the judicial side I saw that several things are being done, if something had been done in past, it can't be said that nothing is being done.

Gonsalves: When it comes to mass riots against the people, legal aid doesn't know how to deal with the situation.
Justice Kaul: If the legal aid can't handle it, then other people can volunteer, you have been arguing matters...

Gonsalves: I have been there for 20-30 years struggling for the matters that are still being dealt with.
Justice Kaul: You'll have to apply for legal aid if you require it, there are private people who assist.

Gonsalves: But that is a very narrow way, there are a lot of people who doesn't get any help.
That is what we say, happened in the #DelhiRiots.
Justice Kaul: Sessions are being conducted in the villages as well, from the one way traffic, it's being converted into two way traffic, it's proactively being done.
Court: Don't say that they are not working, there have been instances where they have filed PILs, All these matters of migrants of pandemic had been taken by them.
Gonsalves: I want to say that when the prosecution of Police is done...

Justice Kaul: Use words carefully...

Gonsalves: When the police themselves are accused, it's always suggested to have a different agency.
Justice Kaul: It has been laid down earlier, why do you want us to say that again?
Gonsalves: Today, the victims of the Bombay riots are abandoned, there attempt to get any compensation.
Gonsalves: Do we as a collective society take a responsibility for the fact that the victims were left completely abandoned?
Justice Kaul: We are wiser by the incident that occurs, if you don't trust anybody, then also there is a problem... I don't disagree with any of your prepositions.
Gonsalves: Officers had been promoted after the Commission's report, even after the State accepted.
Gonsalves referring to the report submitted that almost in all of the matters, acquittal had been done

Court: But see these acquittals were challenged and it even came to the Supreme Court...
Gonsalves: Victims were never called for submissions, and this way they'll always get acquitted.

Justice Kaul: Suppose the investigation was faulty, the court could have done something.
#MumbaiRiots
Justice Kaul: Somebody should have found the fault, but they findings have not found so...

Gonsalves: We have a remarkable Report but the result is zero, whatever has happened is happened, but it should not happen again.
Gonsalves: And the next point is of compensation, let the State provide the compensation.
Adv Prashant Bhushan: In this matters related to the PUCL killings, it had been laid down that who should investigate, either the CBI or some other agencies.

Justice Kaul: Yes, that is what is done usually done to bring fairness to the procedure.
The Court has sought a better explanation on the affidavit filed by the State of Maharashtra.
The court has asked:
- Whether the explanation of 168 person who had been missing are included in the 1900 people?
- What is the about the compensation to the heirs of victim?
- What was the compensation for the loss of property was provided?
The bench has reserved its Judgement.

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