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Contempt petition filed by Khwaja Yunus’s mother in HC against Mumbai Police chief and principal secretary
The high court (HC) directed the state, Mumbai Police chief and principal secretary (special) of the home department to respond to a contempt petition filed by Asiya
The high court (HC) directed the state, Mumbai Police chief and principal secretary (special) of the home department to respond to a contempt petition filed by Asiya Begum, the mother of Khwaja Yunus, who died in police custody in 2004. The plea stated that despite HC’s suspension and inquiry orders against four police personnel allegedly involved in the case, a committee recommended their reinstatement, which is in contempt of the court.
A division bench of justice SS Shinde and justice Abhay Ahuja, while hearing the contempt petition through video conferencing, was informed by advocate Chetan Mali that Mumbai Police commissioner Param Bir Singh and principal secretary (special) home department Amitabh Gupta were in contempt of a HC order of April 7, 2004. Mali said that the HC order had observed that assistant police inspector Sachin Hindurao Vaze and three other police constables, Rajendra Tiwari, Rajaram Nikam and Sunil Desai, were prima facie found to be involved in the custodial death of Khwaja Yunus they should be suspended, and an immediate state disciplinary inquiry should be initiated against them.
Mali further submitted that despite the order, no disciplinary inquiry was conducted against any of the four accused. On the contrary, the review committee headed by the commissioner of police recommended the revocation of the suspension and reinstatement of the four accused. Mali said this amounted to “wilful contempt and disobedience of the orders high court”.
In light of these submissions, Mali sought the cancellation and setting aside of the June 5 order of the review committee, and punishment or fine for Singh and Gupta for contempt and compliance of the April 2004 order of the HC.
After hearing the submissions the court asked the state, Singh and Gupta to respond to the petition and posted the hearing on July 3.