Khawaja Yunus case: Mumbai court raps CID for delay in concluding trial

Expressing utter displeasure over the inordinate delay in concluding the trial in the Khawaja Yunus custodial death case, the Mumbai sessions court on Friday came down heavily on the Maharashtra crime investigation department (CID) which has investigated the case in which dismissed police officer Sachin Vaze is the prime accused

Expressing utter displeasure over the inordinate delay in concluding the trial in the Khawaja Yunus custodial death case, the Mumbai sessions court on Friday came down heavily on the Maharashtra crime investigation department (CID) which has investigated the case in which dismissed police officer Sachin Vaze is the prime accused.

HT Image

The court observed that despite serious allegations of murder, the agency officers did not attend court regularly nor did they appear serious in trying the accused, Vaze and three other police constables. The court said the state CID officers appeared before it only when they were summoned or issued show-cause notices.

Additional sessions judge Dr UJ More said that as police officers were named as the accused in the matter, the agency’s behaviour appeared suspicious.

“Common people look upon the investigation agencies for justice,” the court reminded the state CID officials.

The court had on Friday summoned the superintendent of police of state CID for expressing its displeasure over the lack of progress in the trial.

“Despite being a 2004 matter, the case is still under trial. Witnesses have been asked to depose in steps. After all they are also human beings. How can they remember the incident after so many years?” the judge asked.

The court said it was injustice not only on the victims’ family, which is awaiting justice but, but also for the accused as they have a sword hanging on their head.

“Despite our several orders, summons to senior officers, not much has happened in the case. Still the agency is struggling to appoint a special public prosecutor (SPP) since 2018. This is mockery of justice and no heed has been paid to our directions,” observed judge More. The court pointed out that three SPP were already changed in the matter and the appointment of a fourth one was pending since 2018. The court also said that despite there been no stay on the hearings by any of the superior courts, the trial was not carried out in the custodial death case.

State CID superintendent of police Maruti Jagtap told the court that they had sent several reminders to the state government to appoint an SPP but no appointment has been made so far.

“You should not just send letters but personally visit the senior officials and make sure that by the next hearing an SPP is appointed,” said the court.

In December 2002, a bomb went off on a BEST bus outside Ghatkopar railway station, killing two persons and injuring 50.

The Mumbai crime branch, of which Vaze was a part, had picked up few people, including Yunus. In January 2003, crime branch officers claimed that Yunus had fled from police custody when a police vehicle in which he was being taken to Aurangabad met with an accident in Ahmednagar district.

However, another accused in the case – Dr Abdul Mateen – had revealed in a subsequent court inquiry that Yunus was badly assaulted in police custody and he most likely died due to the torture, as he had seen him vomiting blood.

Vaze and three police constables – Rajendra Tiwari, Sunil Desai and Rajaram Nikam – are being prosecuted for the alleged murder.