Prosecution Delaying Trial In Custodial Death Case Against Sachin Waze, Says Sessions Court

Additional Sessions Judge Dr UJ More said that the trial in Khwaja Yunus's custodial death is stuck for over 12 years without any fault on the victim's part. The Maharashtra Government's delay in appointing a new prosecutor after removing the previous one is the main reason the trial hasn't progressed.

"The record reveals that despite repeated notices and letters to the police officers and prosecution, there is no concrete process. There is failure of the police to take appropriate measures for a speedy trial which is stuck for more than 12 years without fault of the victim," the court observed.

No concrete steps for a proper prosecution of the case seem to have been taken by the State CID despite repeated reminders, the court said.

Khwaja Yunus, a 27-year-old software engineer, was arrested in December 2002 for the Ghatkopar bomb blasts that killed two. Ten days after his arrest, the police claimed he 'disappeared' while being escorted to Aurangabad by a team led by Sachin Waze. However, a CID inquiry ordered into his death revealed that he had been tortured to death by the police.

A man detained along with Yunus in 2003, Dr Abdul Mateen, testified how four policemen tortured the man till he vomited blood and collapsed. The four men named are not on trial.

On Tuesday, the Chief Public Prosecutor Jaising Desai submitted that the proposal for appointing a Special Public Prosecutor for the case is pending before the Law and Judiciary Department, Government of Maharashtra.

Advocate Chetan Mali for Yunus's mother Asiya Begam informed the court that a special leave petition challenging the state's decision, not to grant sanction to prosecute the police officers u/s 197 of CrPC is pending before the SC.

Moreover, Begum's petition against the State's decision to remove advocate Dhiraj Mirajkar as the special public prosecutor is pending before the Bombay High Court.

After Dr Mateen's deposition, SPP Dhiraj Mirajkar, had sought for the four officers named in his testimony to be arraigned as accused. Before the application could be decided, he was unceremoniously removed.

On Tuesday, before the matter was adjoured, the court said, "Considering the assurance by State CID/ Chief PP matter is adjourned till next date subject to direction once again to proceed with the trial which struck up since last more than 12 years and file progress report of the appointment of SPP if the prosecution wants," the court said in its order.