Shah’s bail plea rejected, family to move HC

He said there is enough evidence on record to suggest that Shah assisted the organised crime syndicate and his claim that he was forcefully implicated and unlawfully arrested is incorrect. He referred to the a conversation between Shah and gangster Chhota Shakeel which revealed that the underworld had made an extortion demand of Rs 5 crore from a victim known to Shah. Shah intervened to reduce the sum and settled it at Rs 1 crore. A part payment of Rs 25 lakh was made in US dollars to a businessman Bhatija.

Further, the judge said, the conversation also indicated that there was apartnership in respect of the film Chori Chori Chupke Chukpe. The confesssional statement of film producer Nazim Rizvi indicated that Rs 15 lakh was paid to Shakeel by Rizvi. This money was sent to Shakeel by Shah through hawala transactions. He said the telephonic talks between Rizvi and Shakeel referred to an abbreviated `BS’. He said the voice test also confirmed Shah’s voice and indicated that he was in touch with Shakeel and as well as Dawood Ibrabim Kaskar, both whom are yet to be traced. He advanced crores of rupees to the syndicate without charging interest.”

The judge concluded that prima facie there appeared a deep-rooted conspiracy. He said a reading of the conversations would show how well connected Shah is with the crime syndicate and how they meant to pressurise various persons connected with the film industry.“Bharat Shah rendered active assistance and was in communication with the crime syndicate,”the judge observed.

Upholding the prosecution’s line that the provision of MCOCA were properly adhered to the judge said added that the Act contained special rules of evidence. It was enacted by the legislature giving an an overriding effect to provisions of enactments and other laws imposed on the court. He said the legislature left no stone unturned to deal with organised crime. While there were provisions to see that the Act is not misused, Section 21 imposed restrictions on the grant of bail.

The judge said MCOCA was enacted to prevent continued unlawful activities by organised crime syndicates, which use telecommunications to conduct their activities beyond national boundaries. “Therefore, offence of abetment of such unlawful acticity even at the preparatory stages are made punishable,” he affirmed.

Shah was represented by V R Manohar, Shiraz Rahimtoola, Shirish Gupte, Vibhav Krishna, Amit Desai and Chandana Salgaonkar while the state government was assisted by Special Public Prosecutor Rohini Salian.

In a separate development, the Enforcement Directorate (ED) today grilled Shah with regard to his alleged hawala deals. Shah was taken by ED to its office soon after the MCOCA court rejected his bail application. ED counsel Arun Gupte sought his custody for four days to allow uninterrupted interrogation. However, the judge directed the ED to question him daily between 11 am and 5 pm and produce him before the court after the interrogation ends on each day. Shah is currently lodged in the Thane jail.