The Bombay High Court today asked prosecution to seek instructions from Centre and Maharashtra government on whether any action was taken against police officers in connection with the escape of suspected IM terrorist Afzal Usmani when he was produced in a court.
The court also wanted to know if a case was registered against the concerned police officers for being negligent during the escape of the undertrial on September 20 this year.
The direction was given by a bench of Justices P V Hardas and P N Deshmukh on a PIL filed by an NGO seeking probe by National Investigation Agency (NIA) or Central Bureau of Investigation (CBI) into the escape of the terrorist and the alleged nexus of police with Indian Mujahideen in this regard.
The judges gave two-week time to the prosecution to give the information and adjourned the matter until then.
The PIL, filed by Conscious Citizen Forum, alleged that Navi Mumbai police had played a role in the escape of Usmani, who was involved in over half-a-dozen cases of bombings in Mumbai and outside the country. It said without the help of police, the undertrial could not have escaped.
The respondents to the PIL are Union of India, state government, Navi Mumbai Police Commissioner and others.
The PIL said that law and order situation in Navi Mumbai had deteriorated recently and serious crimes have been reported there recently, such as murders of builder Sunil Loharia, Sandhya Singh (sister of music composer Lalit Jain) and a firing incident in Taloja Jail.
The PIL urged that Usmani's custody be given to NIA or CBI and the investigations be conducted by any of these agencies.
It also urged that the probe should be monitored by the High Court which should ask the probing agency to give reports to it periodically in sealed covers.
Counsel for the petitioner, Ghanshyam Upadhyay, demanded that the court should ask the government to explain why Navi Mumbai Police chief had not been suspended despite facing an inquiry by state Home Minister R R Patil in connection with Usmani's escape from police custody.
