Khwaja Yunus case: HC raps police, Home department

Mumbai, Sep 3 (UNI) The Bombay High Court today came down heavily on the police and the Home department for not disclosing certain facts regarding the alleged custodial death of Sayyad Khwaja Yunus, an accused in the Ghatkopar bomb blast case of December 2002.

It also directed a local court at Parner in Ahmednagar district to decide on a pending B-summary proceeding within four weeks time.

Acting on a petition filed by Khwaja's mother, Asiya Begum, seeking compensation for Khwaja's alleged custodial death, a division bench, comprising Justices R M S Khandeparkar and V K Tahilramani, observed that the court was taken for a ride by the state machinery ever since October 2005, as the fact regarding a pending B-summary proceeding was never disclosed in the court.

The judges also observed that the matter relates to certain illegalities allegedly committed by police officials, where state government was expected to be fair and not secretive.

They further said it had failed to understand as to why the B-summary proceeding was not pursued since January 10, 2005, when it came to be filed.

The stand taken by the State Home department on not to decide on grant of sanction to prosecute police officials allegedly involved in Khwaja's custodial death until the Parner court decides on the B-summary report - for withdrawing proceedings based on a false complaint - filed by state CID, appearantly invited the court's anger because from last few months the state kept telling the court that the office of Director General of Police has forwarded the investigation report to the Home department for grant of sanction and a decision was awaited.

The court, finally, directed the Parner court to decide on the B-summary report within four weeks time and state CID to appraise the court about its decision within seven days thereafter.

As far as police version of the story goes, Khwaja ran away, taking advantage of an accident met to a police vehicle, in which he was being taken to Aurangabad for investigation.

The incident took place near Parner on January 7, 2003, that was why a case came to registered with the Parner police station.

Whereas Khwaja's family has alleged that he was killed while in Crime Branch's custody and it has demanded compensation of Rs five lakh.

The Khwaja family's version was also supported by the statement of a co-accused in the case, Dr Abdul Mateen, and the High Court had directed the state CID to register a case against the concerned police officials, treating Dr Mateen's statement as first information report (FIR).

UNI