ASIYA WIDOW OF SAYED KHWAJA AYUB Vs. STATE OF MAHARASHTRA THROUGH SECRETARY MINISTER OF HOME AFFAIRS MANTRALAYA

JUDGEMENT

(1.) The petitioner, claiming to be mother of one Sayed Khwaja Yunus Sayed Ayub, has approached this Court by way of Writ Petition under Article 226 of the Constitution of India complaining about the inexplicable circumstances in which her son has disappeared while in police custody on 6 th January, 2003. Therefore, in the present petition, it has been prayed that the respondents must disclose the whereabouts of Sayed Khwaja Yunus Sayed Ayub (hereinafter referred to as Khwaja Yunus , for the sake of brevity) and to produce him before the Court forthwith. In the event he is already dead, his remains should be produced before the Court within specified time. It is further prayed that the Authorities should direct the prosecution and suspension of respondent Nos. 3, 9 and 10. It is further prayed that the respondents be directed to pay at least Rs. 20,00,000/- as compensation for violation of the fundamental rights of Khwaja Yunus as well as of the petitioner guaranteed under the Constitution of India. It is further prayed that direction be issued to respondent No. 1, Sate of Maharashtra, to extend adequate protection to Dr. Mateen. He was, at the relevant time, in Thane Jail along with her son, Khwaja Yunus. Dr. Mateen unravelled the acts of commission and omission of the police officials about the torture caused to Khwaja Yunus as well as other co-accused while in police custody and the possibility of Khwaja Yunus succumbing to the injuries caused to him during interrogation in police custody.

(2.) During the pendency of this petition, the petitioner has amended this petition and has asked for further relief of direction against respondent No. 15, Director General of Police and respondent Nos. 1 and 2, Sate of Maharashtra, to accord sanction to prosecute respondent Nos. 3 and 9 to 14 for the offence under Section 302 and other offences in relation to Khwaja Yunus, his treatment in police custody and his death.

(3.) Briefly stated, the background in which this petition has been filed for the aforesaid reliefs, as stated by the petitioner, is as follows:-