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Saturday, January 13, 2001

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Gulshan Kumar murder trial adjourned

MUMBAI, JAN. 12. A Sessions Court adjourned the Gulshan Kumar murder trial to January 25 as prosecution sought time to open its case in view of the recent arrest of killer of the audio king.

The Additional Sessions Judge, Mr. M. L. Tahilyani, today considered the plea of public prosecutor, Mr. Ujjwal Nikam, for adjournment on the ground that interrogation of prime accused Abdul Rauf Daud Merchant was likely to reveal vital information that may have bearing on the case.

The defence lawyers, including Mr. Majeed Memon, Mr. Adik Shirodkar, Mr. Satish Maneshinde and Mr. Abbas Kazmi, initially objected to the delay in the trial but later consented for adjournment. The Public Prosecutor informed that a team of Mumbai police would leave for Kolkata on January 15 to bring Abdul Rauf here to stand trial in the Gulshan Kumar murder case. Abdul, a hitman of Chota Shakeel faction of Dawood Ibrahim gang, was arrested on January 10 from a hotel in Kolkata.

All the 20-odd accused, including six on bail, were present before the court. The audio king was gunned down on August 12, 1997, in a city suburb. Prosecution alleged that he was eliminated due to business rivalry and music composer, Nadeem Akhtar Saifee, had received the contract money from the co- accused and managing director of the Tips Cassettes Ltd, Ramesh Taurani. Both of them had denied their involvement. Nadeem, who was in London on a holiday with his family when Gulshan Kumar was shot dead here, did not return for fear of prosecution.

The Government filed extradition proceedings before the Bowstreet Magistrate in London who ruled that there was a prima facie case against Nadeem.

Harping on approver's `suspicious' evidence, Nadeem filed an appeal in London High Court which discharged him from extradition proceedings. The Government has now filed an appeal in the House of Lords. The case took a significant turn when Mohammed Ali Shaikh, accused-turned-approver, filed a petition in a Sessions Court here seeking withdrawal of the pardon granted to him by a Magistrate.

He alleged torture by police and accused them of threatening his family if he did not become an approver. The police denied the charge.

The Sessions Court rejected his plea that pardon once given could not be withdrawn. The approver then moved the High Court which upheld the lower court's order. The approver also wrote a letter from jail alleging that he had been forced to become an approver by the police who had paid him Rs. 5000 on three occasions and promised to buy him a house and a taxi for a living.

However, they backed out of their promise to release him. This letter had been converted Suo Motu into petition by the High Court which has yet to hear the matter.

- PTI

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