Nadia Khan death returns to haunt Kaizad Gustad

Culpable homicide charges entail10 years in jail. Gustad ands other accused were also facing trial for death caused by negligence,which attracts a less harsh punishment.

Khan’s London-based parents had moved the HC against the order discharging Gustad. They said the filmmaker cannot escape his “legal liability”. They have urged the HC to call for records from the sessions court and quash the discharge order.

Justice Abhay Oka on Wednesday stayed the trial and asked the state government to inform the court if it has appealed against the discharge order. “The HC has kept the case for final hearing,” said Nazir’s advocate Yug Mohit Choudhury.

The case will come up for hearing after the vacation. “The trial has been stayed now,” confirmed additional public prosecutor Swapnil Pednekar.

Khan’s father Mohammed Nazir alleges that when Gustad had taken the body to England,he had lied to them about the cause of death.

While the sessions court had observed that prima facie there was no evidence to show Gustad had directed Khan to be present on the railway track,Nazir contends that evidence recorded shows Khan was doing her job and assisting Gustad when the train hit her. Nazir says the court should also scrutinise the statements of various witnesses recorded by the police that show the “role played by Gustad” in the death.

Gustad,the director of Bombay Boys,and his two assistants were arrested on June 2 and released on bail on June 30,2004. Last year,after the deposition of two key eyewitnesses,a magistrate held that Gustad had a prima facie case of culpable homicide not amounting to murder.

After his discharge,Gustad faced trial for the less serious charge of death caused by a negligent and rash act,which attracts a jail term of up to two years.

Of the latest High Court order,Gustad said: “It’s the course of law. I simply have to follow it.”