The mother of Khwaja Yunus, who allegedly died in police custody in 2003, has in a letter to the Commissioner of Police sought the revocation of the reinstatement of four suspended Mumbai Police personnel.
On June 6, assistant police inspector Sachin Hindurao Vaze, and police constables Rajendra Rajmani Tiwari, Sunil Vasant Desai and Rajaram Kisan Nikam — all suspended in 2004 — were reinstated, and took charge of their postings.
Khwaja (27) was arrested by Powai CID on December 25, 2002, following the Ghatkopar bomb blast.
Two days later, Yunus’s brother, who visited him in Mumbai, found him weak and unable to stand. Khwaja died on January 6, 2003.
Asiya Begum, mother of Yunus, has written to Parambir Singh, Commissioner of Police and chairman of the committee to review suspension orders of Mumbai Police personnel, to reverse the order revoking suspension of all four accused who are facing trial.
The five-page letter says, “The Committee headed by you has directed the accused persons to join their duties with Mumbai Police.” It mentions the writ of habeas corpus and a petition filed by Yunus’s father at the Bombay High Court seeking an investigation into the case of custodial torture and disappearance of his son from police custody.
The letter mentions orders passed by HC and says, “On April 7, 2004, HC said, ‘till date no disciplinary action has been taken against Sachin Vaze and three absconding police constables. We find from the record that the investigation conducted by the State government has been totally shoddy and improper. Hence, we direct the State government to suspend all the three constables and Sachin Vaze, immediately and start disciplinary inquiry against them as they have been prima facie found to be involved in the offence’.”
The letter adds, “Soon thereafter, the State government moved court seeking to recall the order, however HC refused to do so and said, ‘Under these circumstances, we find no ground whatsoever to recall our earlier order whereby we had directed the State CID to treat the statements of eye witnesses Dr. Mohammad Abdul Matin Abdul Basit made before the learned Special Judge under POTA 2002 as FIR and register a separate case for the offences under Sections 302, 201 read with Section 34 of the Indian Penal Code’.”
The State government had then moved the Supreme Court in appeal which was rejected.
‘Didn’t hold inquiry’
The letter addressed to Mr. Singh states, “Despite the order dated April 7, 2004, you did not conduct any disciplinary inquiry against the accused persons, namely the four police officials. You have passed the order revoking their suspension and directing them to join the services in the Mumbai Police Force. This is completely contrary to the orders by the Bombay High Court. Your actions and inactions amount to wilful contempt and disobedience of the orders passed by the court. In the event you wanted to revoke the suspension, it was obligatory on you to seek the permission of the Bombay High Court.”
Asiya Begum said, “You are required to withdraw the revocation of suspension of the four officials at the earliest and in any case within a period of seven working days from today, failing which we will be forced to bring this to the attention of the court.”
