Custodial Death Case: Contempt petition filed by Man’s Mother against Police Chief and Principal Secretary

The Bombay High Court ordered the State, Mumbai Police Chief & Principal Secretary (special) of the home department to respond to a contempt plea filed by Asiya Begum, the mother of Khwaja Yunus, who died in police custody in 2004. The petition said that despite High Court’s suspension & inquiry orders against 4 Police personnel allegedly involved in the case, a committee recommended their reinstatement, which is in contempt of the Court.

A division bench of Justices SS Shinde & Abhay Ahuja, while hearing the contempt petition through video conferencing, was informed by  Lawyer Chetan Mali that Mumbai Police commissioner Param Bir Singh & principal secretary (special) home department Amitabh Gupta were in contempt of a High Court order of April 7, 2004. Mali said that the High Court order had observed that assistant police inspector Sachin Hindurao Vaze & 3 other police constables, Rajendra Tiwari, Rajaram Nikam & Sunil Desai, were prima facie found to be involved in the custodial death of Khwaja Yunus they should be suspended, & an immediate state disciplinary inquiry should be launched against them.

Mali further submitted that despite the order, no disciplinary inquiry was conducted against any of the 4 accused. On the contrary, the review committee headed by the commissioner of police recommended the revocation of the suspension & reinstatement of the four accused. Mali said this amounted to “wilful contempt & disobedience of the orders high court”.

In light of these submissions, Mali sought the cancellation & setting aside of the June 5 order of the review committee, & punishment or fine for Singh & Gupta for contempt & compliance of the April 2004 order of the High Court.

After hearing the submissions the court asked the state, Singh & Gupta to respond to the petition & posted the hearing on July 3.

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