Judge Buys Police, SIT’s Claim That Private Firing by Ahsan Jafri Triggered the Gulberg Society Massacre

Written by Sabrangindia Staff | Published on: June 19, 2016
society already under attack.

Paras from Pages 787, 788, 789 of the 1,345-page long judgement


‘….Selectively erased from the memory of all the victims and also from the submissions of learned advocate Shri SM Vohra who appeared for the victims/witnesses and very barely finds a grudging mention in the submissions of Shri Kodekar the learned Special PP appearing on behalf of the state in my opinion, a clear fact emerges from the forensics report, recovery panchnamas and discovery of a weapon from Gulbarg Society which provides complete answer in my opinion, which can conclusively establish as to why the mob which was largely involved in stone throwing and attempting to burn and damage the vehicles and property of member of the minority  outside Gulbarg society, suddenly turned into an ugly mob which indulged in the massacre of so many men, women and children of the minority community. The answer is categorically found, in my opinion, in the incident of private firing on the part of the deceased, Shri Ehsan Jafri which resulted in some deaths from amongst the members of the mob and injuries to a number of persons of the mob which infuriated the mob who saw a person belonging to the majority community falling to the bullets being fired from the private weapon by Shri Ehsan Jafri. The evidence discussed herein after, in my opinion, categorically establishes that there was a private firing by Shri Ehsan Jafri.  The evidence discussed hereinafter, in my opinion, categorically establishes that there was a private firing by Shri Ahsan Jafri from a number of locations within Gulbarg Society and upon the mob which had gathered outside Gulbarg society.
 
“The Panchnama Exh[ibit] 260 further establishes the recovery of empty cartridge shells  established ballistically to have been fired from the muddamal weapon recovered from the Bunglow of Shri Ehsan Jafri, and a large number of police witnesses have categorically testified with regard to their specific knowledge regarding the incidents of private firing from within Gulbarg Society which led to the mob to be so incensed and provoked that it indulged in the carnage. The police witnesses have as per the details provided herein after, specifically stated in their opinion after such incidents of private firing causing deaths and injuries to persons of the majority community, that the mob according to the police witnesses “went out of control” meaning thereby that a frenzy overtook the mob which thereafter did not listen to reason  and it can be seen from the material on record that it was only the residence of Shri Ehsan Jafri that was selectively targeted by the mob, surrounded by the mob and attempted to be burned down which resulted in a lot of deaths of innocent persons on account of the burns sustained in the residence of Shri Ehsan Jafri and those unfortunate few, who could not withstand the smoke and fire and could not escape to the first floor of the Bunglow of Shri Jafri, in their attempts to escape the flames, are established to have rushed out of the residence and in the process were hacked to death by the angry mob. I am, therefore required to firstly bring on record the basis for my arriving at a conclusion that it was the private firing by  Shri Ehsan Jafri that acted as a catalyst and which infuriated the mob to such an extent that the mob went out of control, the limited police force available thereat had no means to control or disperse such mob which had gathered in larger numbers post the incident of private firing and having gone out of such control, the mob in my opinion, was instrumental in burning down the ground floor portion of Shri Ehsan Jafri’s residence after surrounding the residence of Shri Ehsan Jafri on all sides..
 
“…595. Further, I am required to consider the fact that no less than 20 police personnel examined as prosecution witnesses herein, have all testified with regard to the taking place of private firing from within the Gulbarg Society and the resultant effect of the mob going out of control on account of injuries/death being sustained in such private firing.”

This partial portion of the