Underworld nexus: Shah is convicted on lesser charge

While letting off the diamond dealer who was booked under the Maharashtra Control of Organised Crime Act (MCOCA), the court, however, convicted him under the Indian Penal Code on the lesser charge of concealing information about Rizvi and Shakeel’s plans.

The sentences of those convicted will be decided on Wednesday.

Shah was convicted under Section 118 of the IPC (concealing information regarding criminal act that can be punishable by a life sentence) read with section 387 (extortion).

According to police, Shah along with the producer of Chori Chori Chupke Chupke, Nasim Rizvi, and his henchman conspired to murder producer Rakesh Roshan, his actor son Hrithik, and Shah Rukh Khan among others. The police had alleged that the entire conspiracy was orchestrated by Karachi-based gangster Chhota Shakeel.

Of the three other co-accused, producer of Chori Chori Chupke Chupke Nazim Rizvi and his henchman Abdul Rahim Allahbaksh were convicted under MCOCA. However, alleged hawala operator Shamshuddin alias Bhatija was acquitted on all counts, for want of evidence.

Rizvi was convicted under MCOCA section 3(2) (conspiring or abetting commission of an organised crime) and 3(4) (being a member of an organised crime syndicate), read with section 120 B of the IPC (conspiracy). Rizvi had been in regular touch with Chhota Shakeel, the court observed on the basis of 31 other tape-recorded conversations between the two.

The absconding accused in this case are Tarun Shah, secretary of Bharat Shah, and gangsters Shakeel and Anjum.

While describing the prosecution’s errors in the case as ‘‘inexcusable’’, the judge said the cassette which contained a recording of the financier’s conversation with Shakeel could not be admitted as evidence due to simple procedural lapses.

The judge was referring to technical glitches in the panchnama done to confirm the contents of the cassette. The panchnama had mentioned two voices on the cassette (Shah and Chhota Shakeel’s) although the tape had contained Rizvi’s voice too. The tape’s duration too had been wrongly noted. The judge today said the tape was the only piece of evidence on the basis of which Shah could be accused of having links with organised crime. Since the tape was not admissible under these circumstances, he could not be charged under MCOCA.

Shah today arrived at the court, family and friends in tow, well before the appointed 11 am. The crowd, comprising reporters and lawyers, was unusually quiet when the judge walked in. And then, it was all over in a couple of minutes.

When the MCOCA charges were dropped, a small commotion rose as Shah’s family members — wife Bina, sons Rashesh and Rajiv, daughter Reshma, brother-in-law Vijay Shah who flew down from Antwerp — began weeping with joy. But this was shortlived as the judge then read out his conviction under the IPC.

Shah kept a straight face through it all. The judge said even witnesses had deposed that Shah was a respectable man in Bollywood and there was no evidence to show his alleged links with Shakeel. He said Shah had no knowledge that Rizvi was Shakeel’s man when he decided to finance the film.

He learnt of this later. But then Shah should have set the law into motion by lodging a complaint, the judge said. By keeping quiet, he facilitated the commission of crime, he added.