annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Maharashtra
October 2004. The investigation into the
custodial death was transferred to the
crime branch. 10
Khwaja Yunus, a prime suspect in
Ghotkopar blast case of 2 December 2002
whom the police alleged of escaping from
the police custody on 7 January 2003, was
found to have been killed in police
custody. Police claimed that he had
escaped from custody when the jeep taking
him to Aurangabad from Mumbai for
investigation met with an accident.
However, the co-accused in the same case,
Mohammad Mateen and Zaheer Sheikh,
claimed that the police had tortured Yunus
and he was vomiting blood when they last
saw him on 6 January 2003. The case was
later investigated by the Criminal
Investigation Department. On 3 March
2004, the Assistant Police Inspector,
Sachin Vaze, was arrested and charged
with conspiring to cause custodial death,
destroying evidence and framing incorrect
records. On 30 April 2004, the Bombay
High Court observed that the FIR filed by
Sub-Inspector Sachin Vaze on the
disappearance of Yunus was false and
fictitious and directed the State
government to treat the statement of
another accused in the Ghatkopar case, Dr.
Abdul Matin, as the First Information
Report. The Bombay High Court directed
the Special POTA judge to look at their
evidence and, if necessary, initiate
criminal action against the police
including three constables - Rajaram
Nikram, Sunil Desai and Rajendra Tiwari,
senior police inspector Arun Borade,
146
Inspector Sachin Vaze, and Assistant
Commissioner of Police (Crime),
Ambadas Pote. 11 None of the orders passed
by the Bombay High Court was complied
with at the end of the year. The CID
challenged the Bombay High Court order
before the Supreme Court. On 9 August
2004, Supreme Court rejected CID’s plea
and upheld the Bombay High Court’s
judgement. 12
ii. Violence Against Women
The law enforcement personnel were
also responsible for violence against
women including rape.
A 17-year-old Adivasi domestic
servant, a resident of Wadgaon village in
Amravati, was allegedly raped by Deputy
Superintendent of Police (DSP), Prakash
Awhare at his residence at Mazgaon
colony under Byculla police station in
Mumbai after which he threw her out of
the house at 2 am on 1 September 2004.
The accused allegedly threatened the girl
with dire consequences if she revealed the
matter to any one. A case against the DSP
was registered with Kalachowkie police
station following recovery of the victim
from the street by a stranger. The police
arrested DSP Prakash Awhare on 2
September 2004 and produced him before
a metropolitan magistrate for necessary
directions. He was initially remanded to
police custody. 13
On the night of 5 October 2004, an 18year-old
girl of Sangvi in Pune was
allegedly raped by two men clad in army
uniform in the fields adjoining the 16