Mumbai: A Sessions court on Monday issued a show cause notice to Senior Police Inspector (SPI) of Ghatkopar police station for failing to bring witnesses before the court in connection with 2002 Khwaja Yunus custodial death. The court got furious because in addition to bringing the witnesses, the prosecution also failed to submit report on service of summons to the witnesses.
Sessions judge V.S. Padalkar took note of the fact that the court had fixed Monday for recording of statement of four witnesses and summons had been issued on last date of hearing i.e. in May but still neither any witness appeared before the court nor any report was filed by the police to inform the court if the summons issued by the court reached the witnesses or not.
The court issued the show cause notice on an application filed by chief public prosecutor Lata Chheda. She contended that it is disobedience of the court’s order because none of the witnesses have appeared before the court and police also didn’t file any report on service of the summons.
The judge said, “It appears that SPI’s conduct of not filing summons report issued by the court is the disobedience of the order.” He also said that if SPI behaves in such a manner in this case it must have been the same with other cases.
“It was Senior Police Inspector’s duty to follow court’s order and to produce the witnesses who were called by the chief public prosecutor. The record clearly indicates that the concern police station officer has not taken proper care and caution to produce the witnesses and just wanted to prolong the matter anyhow. This type of conduct should not be tolerated by the court. In fact, SPI in such a serious matter will have to appear before the court with called witnesses,” observed the judge while issuing show cause notice and also directed that the copy of this order should be forwarded to ACP and Commissioner of police for taking cognisance against SPI for non filing of report.
