The Centre has declined to hand over the probe of 1993 Hari Masjid firing case to the CBI noting there is no case made out against the police officer Nikhil Kapse and his team, it was informed on Thursday.
Additional Solicitor General Rajendra Raghuvanshi told a division bench of Justices S B Mhase and V K Tahilramani on Thursday that the Centre was not ready for a CBI probe.
"The Centre thinks the case is 15 years old and already a trial of the case against one of the survivors Farooq Mhapkar -- for rioting -- is underway. Also, the Special Task Force, formed by state government following the Srikrishna report, held that (police official) Kapse was not guilty," Raghuvanshi told reporters later.
Six persons died in police firing inside Hari Masjid during the 1993 Mumbai communal riots. Mhapkar moved the court seeking CBI probe.
The Srikrishna Commission had said in its report that the firing by the police team led by Kapse (then a sub-inspector was unjustified.
But now the union home ministry has declined to transfer the case to CBI, citing STF's report that Kapse acted "in the performance of the duty".
The Maharashtra government last month had sent a proposal to the Centre, seeking transfer of the case (lodged by Mhapkar against Kapse and others) to CBI.
Raghuvanshi will submit the Centre's reply rejecting the request for the CBI probe before the court on Friday.
