EXH 3125 (P)

No 4 of 1995

BEFORE THE COMMISSION OF INQUIRY INTO BOMBAY

RIOTS/VIOLENCE OF DECEMBER 1992 & JANUARY 1993

A FFIDAVIT

I, Vasant Narsinghrao Deshmukh, Additional Commissioner

of Police, Special Branch (I) C.I.D. Greater Bombay Police Force
do hereby state on solemn affirmation as under:

I have already submitted an affidavit before the Hon'ble

Commission on 16-9-1993 regarding the communal riots in
December 1992 and January 1993.

1. By January 1993 communal riots were effectively

controlled but the vertical divide between Hindus and Muslims
continued. There was unprecedented bitterness and hatred for
each other and the situation was full of unease and uncertainty.
Muslim parties were accusing the police of partial behaviour. The
Indian Union of Muslim League, in the first week of February had
undertaken signature campaign to reiterate their demand of
25% reservation for the Muslims in the police force. In the
months of February and March, a number of Hindu and Muslim
religious festivals such as Haji Malang fair at Thane, Shab-e-
Barat,
 2-

Maha Shivratri, observance of Ramzan etc were celebrated which

gave anxious moments to police. During these times also the
Special Branch continued to be alert and send useful source
reports from time to time cautioning all the police officers about
the possibility of sparking of communal trouble by either
community in view of the continued under current of communal
tension and situation of unease. Possibility of the extremist
causing explosion in crowded places was indicated. Similarly, in
respect of political agitations like Dharnas etc cautionary source
reports were issued to the concerned.

2. An intelligence input received from the Ministry of Home

Affairs to the effect that Pakistan authorities were expecting
communal tension during Ramzan in Bombay and some Pakistani
elements were in favour of supplying arms to the Muslims in
Bombay, was immediately circulated to police stations on 3rd
March 1993.

3. The rehabilitation of the riot affected people was taken up

by official and non-official agencies. The media however
published several reports such as giving the figures of the dead,
loss of property during riots, the plight of the victims and the
allegations and counter allegations of political parties and
organizations regarding riots,resulting in vitiating the communal
atmosphere.
 3-

4. As far back as on 8th January 1993, on receipt of a

reliable information, the Special Branch had given information to
the Crime Branch about likely landing of arms via sea route for
distribution amongst the antisocial miscreants in Bombay. It was
a conspiracy entered in by one Abid Abdul Rehman Shaikh M. 30
years and Mohamed Suleman @ Arif both residing at 201, Blue
Bird, 'C Sherly Road, opposite Rizvi College, Bandra (West),
Bombay 400050, Telephone 648 05 47. These miscreants had
placed demands for arms to Dawwod Ibrahim's firm Samina
General Trading, Dubai (Fax 277709, Tel 237758). The
information also stated that they were provided with the
location, date of landing of arms etc by Dawood's
representatives. The arms were brought by ship at mid-sea off
Madh Marve coast behind a huge rock. From the ship, the arms
were transported to small fishing boats which brought the
consignment at the end of Yari Road Versova (West) from where
the marshy land starts. From there the arms were carried
physically to an isolated mosque near the retired police officers'
colony at Versova.

5. The Crime Branch registed C.R.No. 5 /93 in this connection

under section 120(B), 302,307,143,144,145,148, 149, 436 I.P.C.
Read with sections 3, 25 & 27 of the Arms Act and Section 3,5
and 6 of the TADA (P) Act, and investigated the offence.
 -4-

6. After the bomb blast case was detected and accused were
arrested, it became clear from the chargesheet that Pakistan was
directly involved in the supply of arms, ammunition and
explosives to the underworld crimnals in order to cause blast as
well as panic in Bombay city.

7. The important points having a bearing upon the added

terms of reference are the following:-

(1) The December 1992 riots were triggered off by the

demolition of the disputed structure at Ayodhya. In
this connection I crave leave to rely upon my earlier
affidavit wherein details have been set out. The
December riots were effectively and firmly controlled
by the Police. However Muslims harboured a
grievance against the Government and the Hindus.
That grievance was to the effect that they had a raw
deal at the hands of the administration and the
Hindus which resulted in the Muslims suffering
heavily in the December riots.
(2) The January 1993 riots were sparked off by a spate of
stabbing cases which particularly took place in south Bombay
in the first week of January 1993 in which a large majority of
the victims were Hindus and the accused were Muslims and
that one of the principal accused was Firoz Konkani,
lieutenant of Dawood Ibrahim Kaskar.
 -5-

It is also significant to note that these stabbings were in

Muslim dominated areas. The gravity of the communal
was further compounded by the gruesome planned killing
of Hindus in an incident popularly known as the Radhabai
Chawl incident which took place on the night of 7th/8th
January 1993, which appeared to have infuriated the
Hindus all over the city, leading to a decisive communal
divide between Hindus and Muslims.
(3) It is significant to note that when the January riots were
approaching its peak, on 9th January 1993 a large
consignment of deadly sophisticated weapons, to wit, AK
56 rifles, ammunition, hand granades, 9 mm pistols
actually landed at Dighi in District Raigad very close to
Bombay to be used in riots. This landing was organized by
Mohammed Dosa, one of the prime conspirators, the other
two being Dawood Ibrahim and his brother Anees in the
bomb blast case. The landing of sophisticated weapons in
India must have been preceded by a good deal of
organization on the part of the planners who were
organizing such an operation from a foreign territory who
could not have supplied such material on a push button
method.
(4) From the investigations it was revealed that the sequential
character of the explosions and the types of targets
selected indicated a carefully
 -6-

planned attack calculated to terrorise the public in general,

overawe the Government in the State as well as at the
Centre and also to adversely affect the harmony between
Hindus and Muslims. It has transpired during the course of
investigation that the three prime accused conspired some
time in the month of December 1992 and thereafter both
within and outside India, to do and to cause to be done the
below mentioned illegal acts:
I) To wage war against the Government of India;

II) To collect men, arms, ammunition and explosives

with intention of waging war against Govt of India;

III) To destabilize Govt. of India by engineering

violence in different parts of India;

IV) To overawe by means of criminal force the

Government of Maharashtra & Govt. of India;

V) To create instability in the country by the

aforesaid subversive activity as well as by
engineering communal riots between Hindus &
Muslims;
 -7-
VI) To terrorize the people in different parts of India
by indulging in wanton killings and destruction of
property through bomb attacks and use of fire
arms;

VII) To adversely affect harmony between different

sections of the people;

VIII) To exploit the communal sentiments of Muslims

and to provoke them in the name of religion to
resort to terrorist acts;

IX) Organise training camps in Pakistan to impart

training to Indian Muslim youths in handling arms,
ammunition and explosives for attacking different
targets all over India;

X) To smuggle fire arms, ammunition, detonators,

hand grenades and high explosives like RDX into
India, and distribute the same amongst their men
of confidence for the purpose of terrorizing and
waging war against the Govt. of India;

XI) To store and conceal such fire arms, ammunition,

detonators, hand grenades and explosives at
such safe places with their men of confidence till
its use for achieving the objectives of the criminal
conspiracy and to dispose off the same through
men of their confidence;
 -8-

XII) To do and commit any other illegal acts as were

necessary for achieving the aforesaid objectives
of the criminal conspiracy referred to above
through their men of confidence.

(5) My assessment is that, in pursuance of the above

mentioned conspiracy, different accused were motivated at
various stages to participate in the said conspiracy to carry
out their respective tasks. It can be stated that most of the
Muslim accused were motivated to participate in the riots
and in bringing about the bomb blasts by making use of
their mistaken belief that Muslims were wronged at various
points of time and were subjected to suffer heavy losses
and humiliation, particularly during the December 1992
and January 1993 riots.

(6) It has also transpired in the investigation that in the

conspiratorial meetings held in Dubai prior to March 1993
bomb blasts, Pakistan agents were present and took active
part in the deliberations. Pursuant thereto weapons and
explosives were smuggled into India from time to time
which/ packaging of which bore markings indicating that
those weapons and explosives had originated from
Pakistan. Further facilities for training the Muslim youths in
the training camps in Pakistan were made available
pursuant to the conspiracy. It is also pertinent
 -9-

that the Muslim youths from India who were in fact sent to
Pakistan for training in the use of sophisticated fire-arms
and explosives were sent via Dubai and the immigration
procedure in their case was deliberately dispensed with in
Pakistan so as not to leave documentary evidence of their
entry into and exit from Pakistan. This in my assessment is
more than sufficient indication of the involvement of
Pakistan and its agencies in the said conspiracy.

(7) Lastly investigations have brought to light the role of

probably the main conspirator namely Dawood Ibrahim
Kaskar who hatched the entire conspiracy with the help of
his close associates and used the established smuggling
channels and havala rackets for smuggling the weapons
and explosives, for financing operations to achieve the
objects of the conspiracy. I crave leave to rely upon the
relevant source reports when produced.

Solemnly affirmed at Bombay

This 25th day of September 1995.
Sd/- 25/9/95
(VASANT N. DESHMUKH )

BEFORE ME
Sd/- 25-9-95
DHIRENDRA H SHAH
NOTARY GOVT OF INDIA.
Ground floor, 23 K S Sapre Marg,
Picket Road, Bombay-400002