The Bombay High Court has asked the government to provide details of the trial in the 2003 custodial death case of bomb blast accused Khwaja Yunus after his mother asked the court if any administrative action has been taken against people who had revoked the previous Special Public Prosecutor (SPP) Dhiraj Mirajkar's appointment.
A division bench of Justice Revati Dere and VG Bisht, on Thursday, asked Advocate General Ashutosh Kumbhakoni to provide trial details in the case by the next date of hearing in August.
The HC was hearing a petition by Yunus’ mother, Asiya Begam, challenging the government notice terminating Mirajkar’s service as SPP in April 2018 alleging that the same was done after he made an application before the sessions court seeking summons to be issued against retired police officer Praful Bhosale and three other policemen and make them face trial on murder charges.
Mirajkar had been the SPP since his appointment in August 2015 till April 2018. Ever since, the trial has been at a standstill.
However, the Maharashtra government on June 15 appointed Pradeep Gharat as the new Special Public Prosecutor in the case. The next date in the session court is August 3.
During the hearing on Thursday, Begam’s advocate urged the court to question the government on whether any administrative action has been taken against the person who had taken this malafide action of revoking the last SPP Dhiraj Mirajkar's appointment. The advocate then sought court’s permission to amend the petition to the effect.
However, Kumbhakoni opposed the request saying that the petition had reached its conclusion and in case she (Begam) had another grievance then she should file another petition.
To this, Begam’s advocate said that the issue now is not “about removal and appointment of SPP. It is about administration of justice”.
When the judges too expressed that Begam should file fresh petition, the advocate said that it would only add burden to the 82-year-old mother who has been fighting for justice for her son for nearly two decades.
The HC asked the advocate to Begam on the issue and asked Kumbhakoni to give details of the trial.
