MUMBAI, 18 January 2008 — Judges at the Bombay High Court criticized the Maharastra government for the prosecution of only four out of 14 police officers allegedly involved in the death of a man arrested for a bomb blast on a bus in 2002 and asked the state government to give explanation.
Justices R.M.S. Khandeparkat and Amjad Sayed made the observation on Wednesday after only four police officers were prosecuted for their role in the death in custody of Sayed Khwaja Yunus, who was arrested for the Ghatkopar bus bombing.
The Criminal Investigation Department (CID) told the court that Yunus, whose body has not been found, is thought to have been murdered in police custody and that 14 police officials were involved in the death. However, the city police alleged that Yunus escaped from a police van while being taken to Aurangabad for questioning.
The judges asked the government lawyer why only four police officials were prosecuted. Chief Public Prosecutor Satish Borulkar told the court that the state government had taken the decision based on the evidence placed before them. Angry at the explanation, the judges asked the government to file a fresh affidavit by Feb. 7 justifying its reasons. The case has now been adjourned to Feb. 14.
“Is it not unfairness to the four and showing favoritism to others?” asked Justice Khandeparkar. “Prima facie it was sheer arbitrariness on part of the state for not prosecuting all the officers...If one of your police officials in his affidavit is saying that some more police officials were responsible for Khwaja Yunus’ death, then why prosecute only four and not all? Why this injustice to four officials,” he asked.
The judge also noted that an affidavit filed by the then CID investigating officer, Kiran Gosavi, stated that the prosecuted four officers were transporting Yunus to Aurangabad and that Yunus had been tortured in custody.
Justice Khandeparkar asked whether Yunus was dead or alive, to which Borulkar replied that according to investigation, Yunus is dead and that his body had not been found.
Borulkar also informed the court that the state government had decided to pay 300,000 rupees to Yunus’ mother, Aasiya Begum. The amount has been fixed based on a 2003 sessions court order to the state government to pay 5,000 rupees per month till the filing of the charge sheet, which is yet to be filed. The charge sheet would be filed and the amount will also be paid soon, Borulkar told the court.
Mihir Desai, appearing for Aasiya Begum, told the court that he was satisfied with the court order for compensation and that the petitioner was seeking a higher compensation, which would be independent of this compensation. Desai also pressed for the prosecution of all 14 police officials.
