A division bench of Justice R M S Khandeparkar and Justice Amjad Sayed directed the state to file an affidavit justifying its reasons by February 7 and adjourned the case to February 14.

Chief Public Prosecutor Satish Borulkar told the court that the state government had taken the decision based on the evidence placed before them.

“Is it not unfairness to the four and showing favouritism to others?” asked Justice Khandeparkar . “Prima facie it was sheer arbitrariness on part of the state for not prosecuting all the officers,” Justice Khandeparkar said.

Justice Khandeparkar also noted that an affidavit filed by the then investigating officer of the CID, Kiran Gosavy, had stated that the four officers (against whom the sanction has been granted) played the role of transporting Yunus to Aurangabad. The affidavit also stated that the investigation had revealed that Khwaja was tortured in custody.

Justice Khandeparkar asked whether Yunus was dead or alive, to which Borulkar replied that according to investigation, Yunus is dead though the body had not been found.

Meanwhile, Borulkar informed the court that the state government had decided to pay a lump sum amount of Rs 3 lakh to Yunus’s mother Aasiya Begum. The amount has been fixed based on a 2003 sessions court order to the state government to pay Rs 5,000 per month till the filing of the chargesheet, which is yet to filed.

Borulkar told the court that the chargesheet would be filed and the amount will also be paid soon.

Meanwhile, Mihir Desai, appearing for Aasiya Begum, told the court that he was satisfied with the Sessions Court order for compensation. Desai told the court that the petitioner was seeking a higher compensation, which would be independent of this compensation.

Desai also sought the prosecution of all the 14 accused police officials.

On December 14, the government had submitted a letter to the court stating that there is “prima facie case made out against accused”. The Joint Secretary, Home department, P T Goud in the sanction order dated December 5, had stated that Asst Sub-inspector Sachin Waze, constable Rajendra Tiwari, constable and driver Rajaram Nikam and constable Vasant Desai attached to Crime Branch, Powai Unit in 2002 committed offence of murder, disappearance of evidence and wrongful confinement.