Khwaja Yunus Custodial Death Case Against Sachin Waze: Maharashtra Govt. Undertakes Not To Appoint New Special Public Prosecutor Till October 14

The court was hearing the deceased's mother, Asiya Begum's plea under Article 226 of the Constitution, challenging the State's decision to remove earlier prosecutor Dhiraj Mirajkar. Mirajkar's appointment was cancelled soon after he filed an application to arraign four more police officers as accused in the case in 2018.

A division bench of Justices PB Varale and NR Borkar adjourned Begum's petition for final hearing on October 14 after the State sought time. However, the court said that it is only right that the State's earlier statement - not to appoint another SPP- will continue till then.

Mirajkar was removed mid-trial without assigning any reason in the order, the bench noted, acknowledging the petitioner's submissions.

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.

On Tuesday, the trial court reprimanded the CID and prosecution for delaying Khwaja Yunus' trial by not appointing a prosecutor. The court remarked that the trial was stuck for no fault on the victim's part.

During the hearing today, State's counsel Sangeeta Shinde sought an adjournment as the Advocate General was unavailable. Senior Advocate Mihir Desai said the adjournment may be granted but asked the State to continue their earlier statement not to appoint a prosecutor till then.

The bench then asked the State's counsel to take instructions and inform the court if it was willing to continue its statement.

"..Tell the Advocate General that we will not permit this sudden change. If there is some reason, we will hear the Advocate General...Let the State continue its statement not to appoint another SPP till the hearing."

After a while, State's Counsel Shinde, on instructions, said the State won't appoint another SPP in the case till the next date.

Background

Advocate Mirajkar was the third SPP to be appointed in the case in September 2015, after the earlier two prosecutors resigned owing to the State Government's apathy.

In 2018, Dr Abdul Mateen who was detained along with Yunus testified before the trial court how four policemen tortured Yunus till he vomited blood and collapsed. Since the four concerned men are not on trial, Mirajkar filed an application for them to be arraigned as accused. However, before the application could be decided, Mirajkar's appointment was cancelled.

Begum has sought for Mirajkar's appointment to be continued, calling his removal malafide and illegal.

Waze was suspended in this case in 2004 and reinstated after the Maha Vikas Aghadi government came to power in 2020. The cop is in prison for his alleged role in planting explosives near businessman Mukesh Ambani's house along with a threat letter and was dismissed from service earlier this year.

Case Title: Asiya Begum v. State of Maharashtra & Ors.