A day after Sachin Waze, former cop and prime accused in the custodial death case of Khwaja Yunus, informed the court that he wished to turn approver in exchange for pardon, Special Public Prosecutor (SPP) Pradeep Gharat will oppose the petition when it comes up before the court. “Can the main accused be allowed to turn approver?” was Gharat’s first reaction to the latest twist in the case.
Waze filed his application to turn approver on Monday. He is the main accused in the January 2003 custodial death case of Yunus, a 27-year-old software engineer. “Waze is the officer; the remaining three accused are just constables,” Gharat pointed out. “Normally, someone who plays a minor role in a crime offers to turn approver. When the main accused does so, what remains of the case?’’ Gharat said.
Gharat also pointed out that those who want to turn approvers file applications implicating themselves, and asking for a pardon. “But Waze’s application is not self-implicatory,’’ said Gharat, adding, “He says he did not escort Khwaja Yunus.” It appeared, said Gharat, that Waze wanted to arraign some others.
The case so far
The case pertains to the arrest and subsequent “disappearance” of Yunus in January 2003. Days after his arrest in the December 2002 Ghatkopar bomb blast case, police claimed Yunus had “escaped” when the vehicle in which they were taking him to Aurangabad met with an “accident”. An FIR was filed on January 7, 2003, by Sachin Waze, who, along with three constables, was escorting Yunus.
Encounter specialist Sachin Waze being felicitated by Shiv Sena president Uddhav Thackeray in 2008. File Pic/Rane Ashish
However, a court-ordered inquiry found that Yunus had been tortured in custody and his body was then disposed of. Fourteen cops were named responsible for his killing, but the Maharashtra government only sanctioned the prosecution of Waze and three constables, who were charged with his murder and with destroying evidence.
A plea by Yunus’ mother to make all 14 policemen accused in the case is pending in the SC. In January 2018, the first witness to depose in the trial said he had seen four other cops assaulting Yunus on January 6, 2003, till he collapsed. Yunus was not seen alive thereafter. The then SPP had asked the court to add those four cops as accused, but he was immediately dismissed. In September 2022, the court allowed Gharat, the new SPP, to withdraw that plea.
In August 2023, Gharat called an officer of the Powai Crime Branch, ACP Ambadas Pote, as a witness. However, since Pote was among the 14 indicted in the inquiry, Waze had objected to this, as had Yunus’ lawyers. The court was to pass its order on whether this witness should be called, but before it could do so, Waze filed the application to turn approver.
Application names Gharat
Interestingly, in his application, Waze has also named Gharat. “SPP Gharat has shown a clear intention to lead the prosecution by his views totally contrary to the FIR… as well as contrary to every stand earlier taken in this case. It is further pertinent to note that the Learned SPP may well (be) within his fanciful rights …but this will cause injustice not only to me but everybody concerned…(and) cause further indefinite delay leading to nowhere.”
“I have my own clear views and the stand taken earlier is not binding on me,” said Gharat. “I’ve to look into all the material available.” Gharat also pointed out that Waze’s application had not been made through Waze’s lawyers, but directly by him. “Should the court entertain such an application? This shows that he has no trust in his lawyers.”
Countering Waze’s claim that he was “suffering” because of the delay in the trial, Gharat pointed out that Waze and his co-accused were out on bail in this case. Gharat said he has sent Waze’s application to the Investigating Officer (IO) in the case so that senior officers can study it.
Jan 6
Day in 2003 Khwaja Yunus was assaulted
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