February 16: The third witness in the enquiry into police encounters today stated that he had heard from people attending the namaz prayers that Abu Sayama alias Javed Fawda was whisked away by persons who appeared to be policemen on the day he was reported missing last year.Deposing before Principal Sessions Judge A S Aguiar, Anwar Khan Mehooob Khan, Sayama's neighbour and a house painter by profession, said during the examination-in-chief conducted by Samajwadi Party counsel Majeed Memon that Sayama left the mosque after offering namaz minutes before he (Khan) did on August 26, 1997. Later that day, Sayama's sister Rubina Javed Sayyed lodged a missing person complaint at the Bandra police station for her brother.Khan followed Rubina and two others to the police station to inquire about Sayama's whereabouts. Rubina informed him that her brother has been taken away by some crime branch officials, he said. "People from the locality went to different places to search for Sayama, but we could not tracehim," added Khan. Next day he read in the papers that Sayama was killed in an encounter with the police.During the cross-examination conducted by Shrikant Bhatt, counsel for the Mumbai police, Khan said he had no knowledge about any gang or gang leaders. He said some people in their neighbourhood had advised Rubaina to search at the JJ hospital for Sayama. He said he did not go to the hospital himself but saw Sayama's body when it was brought from the morgue and kept for a while in their Hutment Association office. He admitted having attend ed Sayama's funeral but said at no stage or time he had levelled any charges against the Mumbai police for encounters.Meanwhile, Bhatt submitted before the court that petitioner Abu Asim Azmi, Mumbai SP president, should be examined just after the witnesses of the petitioners are done with their examination. Bhatt said Azmi should be summoned as he has levelled serious allegations against the police. He added that Azmi's bio-data (previous records) should also beconsidered. Memon strongly objected, stating that the petitioner's past antecedents is no way connected to the enquiry.P A Sebastian, counsel for the Committee for Protection of Democratic Rights (CPDR), added that Azmi has a right to be concerned if he feels that injustice has been done. Memon further submitted that Azmi can be examined after the examination of witnesses of both the petitioners. The judge has reserved his orders for the above application.
