The Hindu : National : High Court calls for report on custodial death

Online edition of India's National Newspaper
Wednesday, Apr 21, 2004

National

National

High Court calls for report on custodial death

By Our Special Correspondent

MUMBAI, APRIL 20. A Division Bench of the Bombay High Court today directed the State to submit on April 28 an updated status report on the investigation into the custodial death of Khwaja Yunus, who was arrested under POTA in the Ghatkopar bomb blasts case. This ruling comes on the heels of the discharge of Zaheer Sheikh, an accused in the same case, by the POTA review committee last Saturday.

But Yunus was not as lucky as Zaheer. His 75-year-old father Sayyed Khwaja Ayub fought a bitter battle to get to the truth of his son's death, according to his lawyer Majeed Memon.

On April 17, on his way to meet Zaheer Sheikh, Sayyed Khwaja died of a heart attack, said Memon.

Khwaja Ayub suspected his son died of police torture and had filed a habeas corpus petition in the Bombay High Court after his son's disappearance.

"Khwaja Ayub died thinking had his son been alive, he would have been released along with Zaheer," said Memon.

"All that he demanded was that the State hand over his son's body so that his last rites could be performed," added Memon who met him just before he died at Parbhani.

The case of Khwaja Yunus began when he was arrested on December 25, 2002, and brought to Mumbai.

He was produced before the special POTA judge and remanded in custody till January 17, 2003.

His co-accused Mohammed Matin and Zaheer Sheikh deposed that the police tortured them as well as Yunus in January 2003.

On January 6, 2003, according to their testimonies, Yunus was badly beaten up and he vomited blood. But in the morning of January 7, 2003, the police claimed that Yunus had escaped after an accident with the jeep that was taking him to Aurangabad.

On January 17, 2003, Khwaja Ayub made an application before the special POTA court in Mumbai for investigation into the disappearance of his son.

The special court disbelieved the police version of Yunus' death and asked the petitioner to approach the High Court.

The case was transferred to the State CID, Pune. "This is not just a case of custodial death.

It is a case where high-ranking policemen are involved not just in custodial death but also in erasing records and fabricating the story of escape. They threw dust in the eyes of the people, misled the State and courts and went to the extent of giving false evidence on oath," said Memon.

Assistant police inspector Sachin Vaze, who is stated to have accompanied Yunus to Aurangabad, was arrested on March 3, 2004 under Section 302 of the Indian Penal Code.

The State CID registered a crime of conspiring to cause custodial death, destroying evidence, disobeying direction of the law and framing incorrect records to save persons from punishment under the Indian Penal Code.

But the three constables accompanying Yunus have disappeared from their homes since March 3, 2004.

Printer friendly page
Send this article to Friends by E-Mail

National