Maha govt to HC Will not name new SPP in Yunus custodial death case till Mar 22
Mumbai Feb 18 PTI The Maharashtra government told the Bombay High Court on Friday that it will not appoint a new special public prosecutor SPP in the 2003 Khwaja Yunus custodial death case in which four policemen including dismissed cop Sachin Waze are facing trial till March 22Advocate General Ashutosh Kumbhakoni who appeared for the Maharashtra government made this statement before a bench of Justices P B Varale and SP Tavade that was hearing a petition filed by Yunuss mother Asiya Begum challenging the removal of the previous SPP Dhiraj Mirajkar from the caseBegum had approached the HC in 2018 following Mirajkars removal that yearOn Friday Kumbhakoni told the court that the state authorities had spoken to Mirajkar and the latter had expressed his inability to continue as the SPP in the case due to several reasonsWe spoke to him Mirajkar on the phone after the last HC hearing in the matter and he gave several reasons including health reasons to say that he will not be able to continue as the SPP in the matter Kumbhakoni saidBegums counsel senior advocate Mihur Desai however told HC that the petitioner too wished to speak to Mirajkar and confirm whether or not the latter could continue as the SPP in the caseDesai urged the court to ensure the state did not appoint a new SPP until thenAs per the petition Mirajkar was appointed SPP in September 2015 but was abruptly removed from the post in April 2018Begum claimed in her plea that the decision to remove Mirajkar was taken by the state government after he filed an application before the trial court seeking that summons be issued to retired police officer Praful Bhosale and three other policemen and make them face trial in the caseThe state had previously told the HC that its decision to remove Mirajkar from the case was not taken to protect these four officialsOn Friday Kumbhakoni told the HC that the court grant some time to the state government to make its stand clear on Mirajkars reappointmentUntil then we the state government will continue with our previous statement made before the court that we will not appoint a new SPP in the matter Kumbhakoni saidThe HC accepted the Maharashtra governments statement and scheduled the matter for further hearing on March 22Yunus a software engineer was detained soon after the December 2002 bomb blast in Mumbai suburb of GhatkoparHe allegedly escaped from custody in the intervening night of January 6-7 2003 while being escorted to Aurangabad for further investigation in the blast case when the police vehicle carrying him met with an accident in Ahmednagar districtSubsequently the states Crime Investigation Department CID lodged an FIR against police officers for allegedly killing Yunus in custody and then destroying evidenceThe CID inquiry indicted 14 policemen but the government granted sanction to prosecute only four of them These four officers Waze Rajendra Tiwari Rajaram Nikam and Sunil Desai are currently facing trial in the custodial death case on charges of murder fabricating evidence and hatching criminal conspiracyWaze who served as an Assistant Police Inspector in Mumbai is currently in jail in the Antilia bomb scare case He was dismissed from police service last year PTI AYA SP RSY RSY
Mumbai Feb 18 PTI The Maharashtra government told the Bombay High Court on Friday that it will not appoint a new special public prosecutor SPP in the 2003 Khwaja Yunus custodial death case in which four policemen including dismissed cop Sachin Waze are facing trial till March 22Advocate General Ashutosh Kumbhakoni who appeared for the Maharashtra government made this statement before a bench of Justices P B Varale and SP Tavade that was hearing a petition filed by Yunuss mother Asiya Begum challenging the removal of the previous SPP Dhiraj Mirajkar from the caseBegum had approached the HC in 2018 following Mirajkars removal that yearOn Friday Kumbhakoni told the court that the state authorities had spoken to Mirajkar and the latter had expressed his inability to continue as the SPP in the case due to several reasonsWe spoke to him Mirajkar on the phone after the last HC hearing in the matter and he gave several reasons including health reasons to say that he will not be able to continue as the SPP in the matter Kumbhakoni saidBegums counsel senior advocate Mihur Desai however told HC that the petitioner too wished to speak to Mirajkar and confirm whether or not the latter could continue as the SPP in the caseDesai urged the court to ensure the state did not appoint a new SPP until thenAs per the petition Mirajkar was appointed SPP in September 2015 but was abruptly removed from the post in April 2018Begum claimed in her plea that the decision to remove Mirajkar was taken by the state government after he filed an application before the trial court seeking that summons be issued to retired police officer Praful Bhosale and three other policemen and make them face trial in the caseThe state had previously told the HC that its decision to remove Mirajkar from the case was not taken to protect these four officialsOn Friday Kumbhakoni told the HC that the court grant some time to the state government to make its stand clear on Mirajkars reappointmentUntil then we the state government will continue with our previous statement made before the court that we will not appoint a new SPP in the matter Kumbhakoni saidThe HC accepted the Maharashtra governments statement and scheduled the matter for further hearing on March 22Yunus a software engineer was detained soon after the December 2002 bomb blast in Mumbai suburb of GhatkoparHe allegedly escaped from custody in the intervening night of January 6-7 2003 while being escorted to Aurangabad for further investigation in the blast case when the police vehicle carrying him met with an accident in Ahmednagar districtSubsequently the states Crime Investigation Department CID lodged an FIR against police officers for allegedly killing Yunus in custody and then destroying evidenceThe CID inquiry indicted 14 policemen but the government granted sanction to prosecute only four of them These four officers Waze Rajendra Tiwari Rajaram Nikam and Sunil Desai are currently facing trial in the custodial death case on charges of murder fabricating evidence and hatching criminal conspiracyWaze who served as an Assistant Police Inspector in Mumbai is currently in jail in the Antilia bomb scare case He was dismissed from police service last year PTI AYA SP RSY RSY
