After 32-year trial, Mumbai court acquits last accused in 1993 communal riots case

A sessions court in Mumbai has acquitted the last remaining accused in a 1993 communal riots case, bringing closure to a trial that spanned over three decades.

The court held that the prosecution failed to prove the involvement of Asif Ali Hasmulla Shaikh, 53, in the violence that erupted in Mumabi’s Wadala during the January 1993 riots.

Mumbai witnessed one of its worst communal riots in the aftermath of the demolition of Babri Masjid in Ayodhya on December 6, 1992. The riots claimed an estimated 900 lives in Mumbai. 

‘No evidence’

In the December 5 order, a copy of which was made available on Thursday, Additional Sessions Judge M.B. Oza observed, “There is absolutely no evidence to show the complicity of the accused in the said crime.” The judge noted, “There was no identification parade. The witnesses admitted that the accused persons were unknown to them prior to the incident.”

The court pointed out that none of the three prosecution witnesses identified Mr. Shaikh or described his participation in the violence. “Admittedly there was mob of 300 to 400 and it was difficult to ascertain who actively participated in vandalisation,” the court observed.

The case dates back to January 12, 1993, when 300-400 people from both Hindu and Muslim communities clashed in Wadala.

According to the FIR lodged by PSI Sunil Bajare, the mob was pelting stones, soda bottles, and throwing burning balls and tube lights. Police resorted to lathi-charge and fired rifle rounds in the air to disperse the crowd. Four persons were injured in the stone-pelting. 

Fifteen individuals were arrested and charged under Sections 307 (attempt to murder), 143, 144, 145, 147, 148, and 149 of the Indian Penal Code. While 14 of them were acquitted between 2003 and 2023, Mr. Shaikh remained absconding for years. He was arrested in July 2025 on a non-bailable warrant and later released on bail.

The court held that the prosecution failed to establish any incriminating act by Shaikh. “In my view the charges levelled against the accused No.09 are not proved,” the judge 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 judgment pointed out that none of the three prosecution witnesses identified Shaikh or described his participation in the violence. 

“Admittedly there was mob consisting of 300 to 400 people and it was difficult to ascertain who was actively participated in the vandalizing the property,” the court observed. 

It also noted, “None of the prosecution witnesses has deposed that four persons sustained injury due to pelting of stone and they referred for medical treatment.” 

Consequently, the court acquitted Shaikh under Section 235(1) of CrPC, cancelled his bail bond, and directed him to furnish a personal bond of ₹5,000 under Section 437-A CrPC. 

“Accused No.09 Asif Ali Hasmulla Shaikh is hereby acquitted for the offences punishable under Sections 143, 144, 145, 147, 148, 307 r/w 149 of IPC in connection with C.R. No.9/1993 registered with Wadala Police Station,” the order concluded.