SPP appointment cancelled in Yunus trial, court told

Mumbai: The fast-track court conducting the trial in the 2002 Khwaja Yunus custodial death was on Tuesday informed that the law and judiciary department of the state government had cancelled the appointment of special public prosecutor Dhiraj Mirajkar.

The state government on October 27, 2015 had appointed Mr Mirajkar as the prosecutor in this case. Before Mr Mirajkar, the government had appointed advocate Yug Mohit Choudhary and advocate R.B. Mokashi as public prosecutors in the case but they resigned, citing personal reasons before trial could commence.

So far Dr Abdul Mateen has been examined as witness in this case who had seen some police officers beating Yunus in police custody. On the basis of Dr Mateen’s testimony, Mr Mirajkar on February 8 filed an application before the court seeking to arraign retired encounter specialist Prafulla Bhosale and police inspectors Rajaram Vhanmane, Hemant Desai and Ashok Khot as accused in the case.

During hearing the special judge V.S. Padalkar expressed his concern over the pendency of this case for long period of time. The judge’s reaction came when chief public prosecutor Lata Chedda in a reply on behalf of the state government requested the court not to go ahead with the trial until the Supreme Court decides the application made by Yunus’s mother Aasiya Begum, challenging the Maharashtra government’s decision not to grant sanction to try some policemen as accused in this case.

“It’s been around fifteen years and this case is pending and we are at the same place. Isn’t justice delayed justice denied?” said the judge. Judge Padalkar said that as per the apex court guidelines, if there is no specific stay on the trial, the courts should continue with it even if some application related to the case is pending before a superior court.

“You go through the case papers and call other witnesses,” said the judge following which Ms Chedda replied that so far, special public prosecutors have been appointed in this case and she is not aware if the government wants her to conduct the trial. She requested the court to grant her time so that she could get confirmation from the government if it wants her to continue with the trial. On her request the court adjourned the hearing to April 19.