MUMBAI: The Bombay high court on Tuesday said three names suggested by counsel for Asiya Begum to the state for appointment as special public prosecutor (SPP) for the trial into the 2003 custodial death of her son Khwaja Yunus, were taken in a "positive way" by the government.
The HC in an order said the state in "its wisdom and discretion can certainly select a rightful candidate as SPP".
The trial has been delayed, Begum said through senior counsel Mihir Desai representing her. Both he and the state’s advocate general Ashutosh Kumbhakoni said that SPP Dhiraj Mirajkar had expressed his unwillingness to continue as SPP in the case for trial.
"Proposed accused" cops sought to intervene through counsel Subhash Jha who argued that the three names were suggested by the complainant which flies in the teeth of earlier orders of the HC.
The HC said "proposed accused" would have no right to be heard as intervenors in the matter. Jha said "yes we have if fraud is committed." The police officers whose names were mentioned by eyewitnesses in the case are now likely to file a separate substantive writ petition before the HC to challenge SPP suggestions by Begum as it could prejudice them later.
Dismissed API Sachin Waze is one of the accused. The trial has been stalled since 2018 after Mirajkar was abruptly removed; no appointment has been made since then.
