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Supreme Court to Trial Court: Proceed with hearing of Plea in Khwaja Yunus Case

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Khwaja Yunus custodial death case Law Insider

Nishka Srinivas Veluvali

Published On: January 12, 2021 at 21:22 IST

The Supreme Court Ordered the Trial Court to go ahead with the Plea filed on the quest of whether to add four more policemen as Accused in the Khwaja Yunus Custodial Death Case.

The Plea with an Interim Application was filed in Supreme Court by Yunus’s mother Asiya Begum seeking for speedy hearing of her main Appeal that is still unresolved in the Bombay High Court since 2015.

Begum had approached the Bombay High Court opposing the State’s Order not to prosecute the 4 police officers Accused in the Case, which the Bombay High Court rejected under the context of the State’s Order being correct.

Khwaja Yunus, software engineer was Arrested along with others under the suspicion of being involved in the 2002 Bomb Blast of Ghatkopar and then faced Custodial Death in 2003.

Currently, the Trial of the Custodian death against the four Accused policemen is in progress which was commenced in 2018.

It was said that the four policemen escorted Yunus to Aurangabad and then he escaped from their Custody. However, the Crime Investigation Department (CID) dismissed this claim of the officers who had filed the Case against the four.

The Policemen against whom the Trial is ongoing is dismissed officer Sachin Vaze, Constables Rajendra Tiwari, Sunil Desai and Rajaram Nikam.

The Police officials against whom the Bombay High Court did not sanction to prosecute is retired ACP Praful Bhosale, Senior Police Inspectors Rajaram Vhanmane, Ashok Khot and Hemant Desai.

The Special Public Prosecutor Dhiraj Mirajkar filed a Plea under 319 of Criminal Procedure Code (power to proceed against other persons appearing to be guilty of offence) after acquiring the evidences from the prime witness who stated that these police officers had assaulted Yunus with belts and he even vomited blood in the Jail.

The State government after this removed Dhiraj Mirajkar from the position of Special Public Prosecutor following which Asiya Begum approached the Supreme Court for the progress in the Case and reinstatement of Mirajkar.

The Supreme Court has directed the Trial Court to proceed with the application on the four policemen which was put off in 2018 and also the Trial Court can go ahead with hearing the Plea filed under Section 319.

The Trial Court is likely to hear the Case on February 8, 2022.