Won’t appoint another SPP till March 22, Mirajkar unwilling to continue: State to HC

Last year, the court had noted that the state had removed SPP Dhiraj Mirajkar, who was appointed to represent it in the case, in September 2015 “without assigning any reason”. However, Advocate General Ashutosh Kumbhakoni, appearing for the state government on Friday, said that Mirajkar was unwilling to continue as SPP due to various reasons, including health issues.

A division bench of Justice Prasanna B Varale and Justice Anil S Kilor on Friday was hearing a petition filed by Asiya Begum — mother of 2002 Ghatkopar blast suspect Khawaja Yunus, who died in police custody in 2003 — challenging the government’s decision to remove Mirajkar from the trial.

Begum, through advocate Chetan Mali, had also sought action against former Mumbai police commissioner Param Bir Singh, stating that the reinstatement of the four policemen accused in the custodial death case, including now dismissed Mumbai Police officer Sachin Waze, was a violation of the court’s earlier orders. On September 22 last year, senior counsel Mihir Desai, representing Begum, had said that Mirajkar was appointed as SPP on September 2, 2015, but the state government revoked his appointment and removed him.

The removal was prompted after Mirajkar had moved a plea in the trial court seeking to make four more policemen stand trial. The government had earlier refused to sanction prosecution of these officers. Kumbhakoni, during the hearing on July 16, 2018, had made an oral statement that till the matter is heard, the process to appoint a new SPP will not progress. Thereafter, on September 22 last year, the state government continued its oral statement.

After Desai raised apprehension that the state government was taking steps to appoint a new SPP, the government lawyer last year had said that it will continue the oral statement of not appointing another SPP.

On Friday, Desai informed the court that the Sessions court, earlier this week, had directed the state government to expeditiously appoint the SPP and the government requires to communicate about its stand in HC to the trial court. Kumbhakoni told the bench that when he had personally communicated with Mirajkar nearly one-and-a-half years ago to know whether he was ready to continue to appear as SPP in case the government wanted him to, he (Mirajkar) “politely declined and showed inability citing various reasons including health and said he was not ready to come back.”

He added that recently, a government lawyer spoke with Mirajkar and he gave the same answer, expressing unwillingness.

Desai argued that even if Mirajkar didn’t want to continue, the petitioner wanted to contend that “just because Mirajkar had taken a stand against the government, he cannot be removed .”

Desai said that he will also communicate with Mirajkar to know his stand on the issue and till then, the government should not appoint another SPP. Kumbhakoni said the oral statement can be continued till the next hearing, after which the bench posted the matter to March 22.

Yunus, a 27-year-old software engineer, was arrested in December 2002 for questioning in the Ghatkopar bomb blast case. He was last seen alive on January 6, 2003, when the others who had been arrested along with him said he was brutally assaulted in custody. The police claimed Yunus had escaped from custody while being ferried by a team led by Waze, but the CID found the claim to be false and filed a case against the four policemen who had accompanied Yunus.