The Hindu : National : Action against police officers in custodial death case ordered

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Saturday, May 01, 2004

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National

Action against police officers in custodial death case ordered

By Our Special Correspondent

MUMBAI, APRIL 30. The Bombay High Court today disposed of an important custodial death case that lies at the heart of the growing controversy over the use of the Prevention of Terrorism Act (POTA).

The case concerns the death in police custody of 27-year-old Khwaja Yunus on January 7, 2003 after he was picked up as a suspect in one of the three bomb blast cases. Police claimed that Yunus had run away while being taken from Mumbai to Aurangabad. However, the co-accused in the same case, Mohammad Mateen and Zaheer Sheikh, stated under oath in the special POTA court and before the police that Yunus had been tortured and was vomiting blood when they last saw him on January 6. On the basis of this statement, Yunus' father, who died recently, had filed a habeas corpus petition.

The case was investigated by the CID on instructions from the special court and on March 3 this year, the Assistant Police Inspector, Sachin Vaze, was arrested and charged with conspiring to cause custodial death, destroying evidence, disobeying the direction of the law and framing incorrect records. Mr. Vaze was released on bail on April 28 but the whereabouts of the three constables, who were supposed to have accompanied Yunus, are not known. Despite the admission that Yunus died in custody, the judges hearing the petition were amazed that the State had not filed a fresh FIR and continued investigations in the case on the basis of Mr. Vaze's FIR which was admittedly false.

The court has now asked the State to use Dr. Mateen's statement before the special court as an FIR and to close the first one. The State was also asked to take action against the police officers who had made false statements before the special POTA court claiming that Yunus had run away. Apart from Mr. Vaze and the three constables, the policemen who gave false testimony in the court are a senior police inspector, Arun Borade, and an Assistant Commissioner of Police (Crime), Ambadas Pote. The latter was assisting the Public Prosecutor, Rohini Salian, at the hearings of the POTA Review Committee. Both men admitted in court that they had personally interrogated Yunus on January 6.

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