Four suspended cops reinstated in view of COVID-19: Maha to HC

The Maharashtra government told the Bombay High Court on Thursday that the decision to reinstate four suspended policemen facing trial for the custodial death of Khwaja Yunus, a blast suspect, was taken considering the need to have more police personnel on duty amid the COVID-19 pandemic.

The Maharashtra government told the Bombay High Court on Thursday that the decision to reinstate four suspended policemen facing trial for the custodial death of Khwaja Yunus, a blast suspect, was taken considering the need to have more police personnel on duty amid the COVID-19 pandemic. An affidavit was filed on Thursday by Nawal Bajaj, Joint Commissioner of Police (Administration) and also a member of the Suspension Review Committee, in the high court in response to a petition filed by Yunus's mother Asiya Begum, seeking that contempt action be initiated against city Police Commissioner Parambir Singh.

Begum, in her petition filed on June 23, said the reinstatement of the four policemen amounted to "willful and intentional defiance and non-compliance" of the directions and orders passed by the high court in April 2004. Earlier this month, the high court had directed the state government to file its affidavit.

In the affidavit, Bajaj said that a meeting of the review committee was held in the midst of the ongoing COVID-19 pandemic on June 5, where the large-scale infection among policemen was considered. "Cases of all suspended police personnel were put up before the committee, which included the cases of assistant police inspector Sachin Vaze and the three police constables," the affidavit said.

"Considering the overwhelming scenario of the need of more policemen on duty, the committee decided to direct 18 policemen (suspended) to resume duties," the affidavit said. The affidavit said that in April 2004, the four policemen were placed under suspension following court orders and they were not permitted to resume services till 2020.

"As per the records, the then Commissioner of Police decided not to conduct disciplinary proceedings against the delinquents since they were facing criminal proceedings in respect of the same charge," the affidavit said. It added that it was decided not to initiate departmental inquiry till finalization of the criminal case against the four policemen.

The affidavit further said that as per a circular issued by the Maharashtra government in October 2011, the review committee could recommend to end the suspension of the delinquent policemen if the case in which they are facing trial has not commenced even after two years of charge-sheet filed. The petition will be taken up for hearing on Friday.

Begum in her petition had said that the high court in its April 2004 order had directed the state government to suspend the four policemen immediately and initiate disciplinary inquiry against them. Assistant police inspector Sachin Vaze and constables Rajendra Tiwari, Sunil Desai, and Rajaram Nikam are currently facing trial on charges, including murder and destruction of evidence, for the alleged custodial death of Khwaja Yunus in the year 2003.

Earlier this month, a review committee under the chairmanship of the police chief had ordered for them to be reinstated in the force pending preliminary departmental inquiry and judicial trial. Begumin her petition said, till date no departmental inquiry was initiated against them, or if initiated no report has been submitted.

Yunus was arrested on December 25, 2002, under the now repealed Prevention of Terrorism Act (POTA) along with three others in connection with a blast which took place on December 2 in suburban Ghatkopar. Yunus was last seen on January 6, 2003, by the men arrested with him, who later informed a special POTA Court that Yunus was severely tortured by the police in the lockup.

The police, however, claimed that Yunus had escaped from the lockup.

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