The state government reiterated its stand that it does not want to prosecute the 10 police officers allegedly involved in custodial death of POTA detenue Khwaja Yunus in 2003.
Yunus was arrested for his alleged involvement in a bomb blast in a BEST bus in Ghatkopar on December 2, 2002. However, police claimed that he escaped while being taken to Aurangabad for investigation when their jeep met with an accident near Ahmednagar.
When public prosecutor Pandurang Pol told the court that the government was not willing to prosecute the 10 officers, the judges asked why it (government) differed from the Criminal Investigation Department’s (CID) opinion.
The court on Tuesday asked why the government differed from the CID which had originally sought sanction to prosecute 14 policemen.
The high court is hearing a petition filed by Yunus’ mother, Aasiya Begum, seeking compensation from the government.
“How do you differ from the state CID? It is an allied agency. Your own agency attributed a role to them,” asked Justice J. N. Patel.
“We want to know your justification. You appointed them (CID). Your job is only to give sanction.”
The judges recalled that in 2008 the court had observed prima facie complicity of all officers. The judges wondered a year later what has kept the state from taking action.
The matter will be heard on Thursday.
The high court had handed over the investigation to the CID which sought prosecution of 14 officers. In February, the government told the court that it was granting sanction to prosecute only police sub inspector Sachin Vaze and three constables for their alleged role in Yunus’ death.