A sessions court on Monday directed that the Additional Director General, CID personally pursue the issue of appointment of a special public prosecutor in the Khwaja Yunus custodial death case after the state sought more time for the purpose. This was despite the court directing it last week to appoint a prosecutor by Monday, with strong observations on its ‘lackadaisical approach’ over the time.
Dismissed policeman Sachin Vaze is an accused in the case along with three other constables. The case concerns the custodial death of software engineer Khwaja Yunus, 27, who was taken in custody in connection with the Ghatkopar blast and brutally assaulted, leading to his death in custody.
The court was directed by the Supreme Court in January to expeditiously decide two applications that are pending before it since 2018. One plea was made by the then prosecutor Dhiraj Mirajkar for adding four more policemen as accused in the case. Mirajkar was removed as a prosecutor by the state shortly after he made this application. The other application is a plea by the four policemen to be heard before the court decides on the plea to add them as accused.
The court on Monday expressed its displeasure and called the approach of the state government ‘lackadaisical’ and ‘unfortunate’ and said no concrete steps were being taken by it to appoint a prosecutor for reasons best known to it. The court also asked Yunus's mother Asiya Begum to be present on the next date before it along with her advocate to file her response on an application made by the four policemen. Their application filed through advocate Manoj Chauhan sought copies of proceedings she had initiated before the apex court which led it to pass the January order to decide the two pleas expeditiously. The policemen are exploring the possibility of recalling the order as they were not heard in the proceedings.
Appearing for the state, Chief Public Prosecutor Jaysing Desai had told the court on Monday that the two pleas to be decided by the court are interlinked with a pending matter in Supreme Court regarding sanction to prosecute the four policemen. He also sought to adjourn it as another matter was pending in the Bombay High Court in which Yunus’s mother had challenged the removal of Mirajkar.
An inspector from the prosecution - the state CID, informed the court that no decision had been taken by the ministry despite a reminder to it on Feb 11 and that it was still awaiting the appointment of a prosecutor. Additional Sessions Judge UJ More said the court is of the considered opinion that there is no stay by the SC to the case in court and that the matter needs to be proceeded with expeditiously by deciding the pleas and that the state government is to proceed with the appointment of a prosecutor. The matter will be heard next on Feb 21.
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