Detention illegal, trial Kafkaesque — says Shah’s counsel

JANUARY 15: Diamond merchant and film financier Bharat Shah today lambasted the manner of his arrest and illegal detention'' under the M...

JANUARY 15: Diamond merchant and film financier Bharat Shah today lambasted the manner of his arrest and “illegal detention” under the Maharashtra Control of Organised Crime Act (MCOCA) saying established procedural safeguards were abandoned in his case.

Shah was represented by his counsel Ashok Desai who told Justice S S Parkar that his client was treated in a manner reminiscent of the Emergency.“It’s been seven days and he has not been given a scrap of paper. No remand application, no FIR copy. He is in a bind. He is undergoing a trial by the press and TV who are leaked information. His lawyers cannot meet him independently and have been ordered by the court to do so under the grace and solicitude of the police. All this is contrary to constitutional rights and a Kafkaesque trial where you do not know what you are being tried for,”said Desai. He said such methods seem to be the current practice in Maharashtra.

Shah has approached the Bombay High Court for bail and assailed the order of MCOCA Judge A P Bhangale remanding him to police custody. Judge Parkar asked,“ Can’t you get details from the media?” Desai replied,“The media doesn’t speak in one voice.”

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Desai said ordinarily as deemed under Section 167 of the Criminal Procedure Code and Section 74 of the Evidence Act, it is incumbent to furnish a First Information Report and remand application to the accused as they are publicdocuments. Having refused that, he said, the judge’s order is per se bad and violative of Article 21. He argued, “What is the great secret?” The court has refused Shah bail saying investigation is not over. If the investigation goes on for 180 days, will he be there that long? he inquired.

He said if there was fear of witnesses being exposed their names could have been shielded.If Shah had done something he surely needs to know what he has done? Even during the Emergency and old British days a person was told why he was arrested. “We are in the 21st Century? How can a judge jump to conclusions? He (Shah) is not allowed family visits. This man’s nerve will break. Undoubtedly they will continue to grill him. This seems to be a star chamber practice,” Desai rued.

Before a packed courtroom, he asked, how any judge could prevent him from making a bail application when he was entitled to it under the law?

Desai quoted a sub-section of Section 14 of MCOCA which provides that if there is any material on the basis of which an accused is arrested, the latter is entitled to a copy.“This is a gross violation of the act.”

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Desai further said,“If conversation leads to organised crime, then when the police talk to the accused would they also be part of the syndicate?” What was happening with Shah is against the principles of liberty and natural justice. He read quotings from SC judgments which state that detention if any should be just fair and reasonable. Shah had “not been afforded one and cannot deal with charges,”he lamented.

The matter will be continue tomorrow. Desai was accompanied by V R Manohar, Shiraz Rahimtoola, Vibhav Krishna and Amit Desai while the State was represented by Special Public Prosecutor Rohini Salian and Public Prosecutor Vijaya Kapase- Tahilramani.