The Maharashtra government has informed the Bombay High Court on Friday that special public prosecutor Dhiraj Mirajkar himself had expressed that he did not wish to continue as SPP in the custodial death of Khwaja Yunus, an alleged bomb blast accused of 2002 in a BEST bus in Ghatkopar. Four policemen including suspended police officer Sachin Vaze are facing trial in the case.
Advocate general Ashutosh Kumbhkoni informed a division bench justices Prasanna Varale and SP Tavade which is hearing a petition filed by Yunus’ mother Asiya Begam challenging removal of SPP Dhiraj Mirajkar in April 2018.
Kumbhkoni told the HC during the hearing that he had spoken to Mirajkar one-and-half-years back when the latter expressed that he did not wish to continue as SPP in the case due to health reasons. Mirajkar also said that he was not interested in continuing as SPP in the case, said Kumbhkoni.
AG further informed the HC that recently additional public prosecutor Sangeeta Shinde also spoke to Mirajkar and he gave the same response to her.
Beham’s counsel Mihir Desai expressed that they would like to talk to Mirajkar in view of the statement made by Kumbhkoni. He requested that, till then, the government should not appoint another SPP.
AG said that till then they would not appoint the SPP till March 22 and would decide future course of action after that.
The HC has kept the matter for hearing on March 22 when Desai has to inform about his conversation with Mirajkar.
Mirajkar was appointed SPP in the case on September 7, 2015, and was removed on April 16, 2018. The government decision had come after Mirajkar filed an application before a 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.
The application was filed after key prosecution witness, Mohammed Abdul Mateen, had deposed before the court claiming that he had seen Bhosale, then assistant police inspector Hemant Desai and two other policemen assault Yunus in police lock-up.
Yunus, a software engineer, was allegedly detained soon after the December 2002 Ghatkopar bomb blast case.
