Decision by Sessions Court comes a month after new Special PP sought to withdraw his predecessor Dhiraj Mirajkar’s plea to include the policemen as accused; senior counsel Mihir Desai says they will appeal against the order
Khwaja Yunus was arrested in connection with the December 2002 Ghatkopar bomb blast, but died in police custody (right) Yunus’s mother Asiya Begum is fighting for justice ever since
In an important development in the Khwaja Yunus custodial death case, Sessions Court judge V M Pathade ruled on Wednesday that the four policemen named by eyewitness Dr Abdul Mateen as having thrashed 27-year-old Khwaja Yunus in the Ghatkopar lock-up till he collapsed, would not be added as accused in the case.
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Yunus, a computer engineer, was arrested for the December 2002 Ghatkopar bomb blast which killed two persons. Dr Mateen was a co-accused in the case. In January 2003, within a fortnight of his arrest, Yunus was reported “missing’’, with cops saying that he had escaped from a police vehicle while being taken to Aurangabad.
But a court-ordered CID inquiry found that he had died in police custody, and named 14 policemen as responsible. However, the Maharashtra government sanctioned the prosecution of only four policemen, who were last seen with Yunus. The four were “encounter specialist’’ assistant police inspector Sachin Vaze, and constables Rajendra Tiwari, Rajaram Nikam and Sunil Desai, They were charged with murder, fabricating evidence, causing grievous hurt to extort confession and criminal conspiracy.
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After Dr Mateen’s testimony in January 2018, the then Special PP Dhiraj Mirajkar filed an application asking that the four policemen named by Mateen be considered as additional accused. These were ACP (retired) Praful Bhosale, senior inspector Rajaram Vhanmane and inspectors Hemant Desai and Ashok Khot. Bhosale was also known as an “encounter specialist”. However, in a surprise move, immediately after the application was made, the state government dismissed Mirajkar.
In June this year, Pradeep Gharat was appointed as the new Special PP, after Mirajkar made it clear that he wasn’t interested in rejoining the case. In an email to Chetan Mali, lawyer of Yunus’s mother Asiya Begum, which became the subject matter of an affidavit, Mirajkar revealed that the state government had made it clear it did not approve of his application asking that the four cops be made additional accused, and wanted him to withdraw it.
In his very first move last month, the new Special PP Gharat made an application seeking to withdraw Mirajkar’s plea. This was opposed by Asiya Begum. On Wednesday, Sessions Judge Pathade allowed Gharat’s application, and dismissed Asiya Begum’s as being devoid of merit, saying that the Special PP was the competent advocate to withdraw the original application, and this could not be opposed by the victim.
The judge also rejected Asiya Begum’s plea to issue summons to the four cops named by Dr Mateen, to appear and answer charges. A disappointed Asiya Begum told mid-day that she didn’t hope for much any longer. “Some nominal legal process will go on, anyway 20 years have gone by without any glimmer of justice.”
However, her lawyer, senior counsel Mihir Desai, said they would appeal against this order. He pointed out that the Supreme Court had in January this year, passed an order saying that Mirajkar’s application must be judged on merits. This had not been done.
14
No of cops named by CID as responsible for Yunus’s death
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