Bombay HC agrees to hear plea of Khwaja Yunus’s mother

Mumbai, June 08: Two years after the state government accepted that Prevention of Terrorism Act (Pota) detenue Sayed Khwaja Yunus the deceased accused in December 2002 Ghatkopar bomb blast case had died in police custody, the Bombay high court has allowed his mother Aasiya Begum’s plea urging for the prosecution of 10 more police officers.

A division bench of justice BH Marlapalle and justice Anoop Mohta on Monday allowed Begum’s plea to amend her old petition. Begum had in January 2008 urged that the government should be directed to prosecute 10 other police officers, along with the four officers against whom the home department had already granted sanction for prosecution.

The court order might spell fresh trouble for the 10 officers. However, the court while passing the order observed: “Allowing amendment in petition does not mean that this court has made up its mind on the petition (to allow prosecution of 10 officials); the case will be decided on merit.”
On March 31, 2008, the high court granted compensation of Rs3 lakh to Aasiya Begum and her husband.

Earlier, the state criminal investigation department (CID) had sought prosecution of 14 police officers for their alleged role in Yunus’s custodial death. However, in December 2007, the government had granted sanction to prosecute only four of these 14 officers — then assistant police inspector Sachin Waze, constables Rajaram Nikam, Rajendra Tiwari and Sunil Desai.

On Monday, petitioner’s counsel Mihir Desai filed the amended petition before the high court.

Subhash Jha, advocate for some of these 10 officers opposed the petition saying, “This is not prosecution, it is persecution.” The government has examined the evidence and decided that only four officers need to be prosecuted, Jha argued.

–Agencies–