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Two policemen who were given a clean chit by the state government in the custodial death of Khwaja Yunus,on Monday urged the Bombay High Court not to entertain the amended petition seeking their prosecution. Yunus was an accused in the 2002 Ghatkopar bus bomb blast.
However,the court said it would hear the case and the officers could contest on merits.
The state had granted sanction to prosecute four of the 14 officers who were implicated by the CID branch in the case. They include asst sub-inspector Sachin Waze,constable Rajendra Tiwari,constable and driver Rajaram Nikam and constable Vasant Desai of the crime branch,Powai unit. They were booked for murder,disappearance of evidence ad wrongful confinement.
On Monday,asst police inspector Hemant Desai and sub-inspector Arun Borude told the court that it cannot entertain the amended application seeking their prosecution and eight others on various technical grounds. The Division Bench of Justice B H Marlapalle and Jusitice Anoop Mohta pointed out that the amendment does not mean that the court has made up its mind.
In January 2008,the state government had decided to pay a lump sum amount of Rs 3 lakh to Khwajas mother and petitioner Asiya Begum. Petitioners lawyer Mihir Desai had told the court that the petitioner was seeking higher compensation which would be independent of this compensation.
The case will be heard on July 1.
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