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Bharat Shah's police custody extended till January 29

Syed Firdaus Ashraf in Bombay

Diamond merchant and film financier Bharat Shah was on Monday remanded to police custody till January 29 by the special court hearing cases under the Maharashtra Control of Organised Crimes Act.

Film producer Nazeem Rizvi, however, has been remanded to a week's judicial custody.

Designated Judge A P Bhangale rejected the defence plea that the remand application was a public document, and said handing over the full document could derail the investigation into the case. Significantly, the judge for the first time referred to the involvement of underworld don Dawood Ibrahim in the case, when he spoke about Bharat Shah being in possible touch with him.

The defence counsel, who pleaded for unedited copies of the remand application and the first information report, did not move a bail application since they felt there was no point in doing so on the basis of 'blacked out' copies of the two documents given to them.

The defence team also complained that contrary to the Bombay high court's order, they were not given unhindered access to Shah. On Saturday, one of them could get only 25 minutes with him, the court was told.

At this point the judge intervened to say that he did not have a copy of the high court order and hence could not entertain the plea.

Shah's counsel V R Manohar told the court, "Not giving us access to the full documents is a mockery of the high court's order. I have not moved a bail application only because of this. They have deprived me of basic documents which will help me make an effective case."

Manohar appealed to the court not to "leave us to these careless officers".

Rebutting the defence plea, public prosecutor Rohini Salian said, "We have never denied anyone permission to meet with the accused. But we also cannot give unlimited time for interviews, there has to be some stipulation, a battery of lawyers cannot be allowed."

Bharat Shah, who at point was asked by the special judge if he had any complaints against the police, said, "All the charges made against me are false and baseless."

After hearing the two sides spar with each other, Judge Bhangale said, "The police is making full, necessary investigations into the case, and full disclosure of the details in possession with the investigating agency may derail investigations. The tapes brought to court indicate that Bharat Shah was communicating with Chhota Shakeel and D I (Dawood Ibrahim) Kaskar.

"I need to say that Bharat Shah spoke to Chhota Shakeel, the talks began with an exchange of pleasantries, then they went to talk about the extortion of Rs 50 million from one victim. The victim had approached and requested Bharat Shah to the settle the matter anyhow, and that he had no money to make the payment. Bharat Shah then asked him, so why did he make the commitment to Chhota Shakeel? Then Bharat Shah informed Chhota Shakeel of the same. This was the extent of his communication with organised crime syndicate."

At this point the defence team stood up and said, "My lord, if you can mention the denial by Mr Shah we will be grateful."

The judge said considering that the accused has cooperated with the police, and also the investigating agency's request for more time, he was handing over Bharat Shah for further police custody. "There is enough grounds for the arrest of the accused, it was not done merely on suspicion.

"According to me, a remand application is not a public document,'' the judge stated, with public prosecutor Rohini Salian intervening, ''And there are many TADA witnesses who have been shot dead, so any hint of witnesses' identity will hamper investigations.''

''Further, there is no high court judgment before me about handing over the remand application and FIR," the judge stated.

Producer Rizvi, who complained of fluctuating blood pressure, according to Salian, has been admitted to Thane hospital, and will be presented tomorrow before the courts in the Enforcement Directorate matter.

Bharat Shah, who was dressed in a shirt with blue checks and blue trousers, consoled his wife when he entered the courtroom in the morning. Looking none the worse for wear, he was also involved in a brief tete-a-tete with his son Rashesh over which among his lawyers will get to meet him.

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