Officers maybe convicted in Yunus case: Mumbai HC
The court says it is unhappy with the DGP as he is unnecessarily delaying the judgement. reports Urvi Jappi.india Updated: Oct 20, 2006 22:45 IST
A division bench of the Bombay High Court hearing Asiya Begum’s (mother of Khwaja Yunus) petition, after going through the Criminal Investigation Department’s (CID) draft chargesheet, observed on Friday that it was satisfied that the investigation had been properly conducted. The bench added that in all likelihood, “the officers may be convicted”.
Justice JN Patel and Justice R Dalvi also directed Director General of Police (DGP) PS Pasricha to decide within four weeks whether he is granting sanction to prosecute the concerned 14 policemen named by the CID.
If Pasricha is not satisfied with the draft chargesheet, he must communicate this to the CID with directions for further investigation, the bench stated. The CID had sent the draft chargesheet on August 25, 2006.
Explaining the delay in taking a decision as to whether sanction for prosecution is to be granted or not, public prosecutor Satish Borulkar told the court that the covering letter received with the draft chargesheet mentioned that the CID does not have any permanent legal advisor. Hence, it asked Pasricha’s office to examine the draft chargesheet and the evidence chart.
However, CID counsel RB Mokashi argued that an annexure with the draft chargesheet mentioned that the necessary sanction might be granted.
The court has also directed Pasricha to appoint a prominent lawyer as legal advisor to the CID within two weeks.
Unhappy with the laidback attitude of the DGP, the court remarked that if Pasricha had gone through the CID’s letter, nothing prevented him from calling for the chargesheet and relevant documents for examining it. "Though he happened to examine the letter, he did not follow it up, maybe because he was too busy," observed the bench.
Yunus was arrested by the Crime Branch for his alleged involvement in the bomb blast in a BEST bus outside Ghatkopar station on December 2, 2002. Police later claimed that he fled while being taken to Ahmednagar for interrogation on January 6, 2003. However, his family alleged that he was murdered while in custody.
The court has also asked the government to consider giving reasonable amount of interim compensation to Asiya Begum, who is seeking compensation of Rs 20 lakh.