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February 5, 2001

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'Bharat Shah acted only as mediator
between Shakeel and producer'

In a significant development in the case involving Bollywood-underworld nexus, diamond merchant and film financier Bharat Shah's lawyer on Monday admitted that Shah had spoken to Chhota Shakeel, but only in the capacity of a mediator, while arguing his bail plea before designated judge A P Bhangale.

Shah's counsel V R Manohar denied that his client had any links with the underworld and said that he had only acted as a mediator or peace maker between Chhota Shakeel and a film producer, who had become a victim of circumstances.

Public prosecutor Rohini Salian, however, read out the text of a telephonic conversation between Shah and Shakeel wherein the former had exchanged pleasantries with the gangsters.

"This showed that he knew Shakeel very well and was close to him," the prosecutor insisted.

Opposing Shah's bail, Rohini Salian said Shah's plea for bail was premature at this stage because investigations were in progress. The prosecutor also argued that evidence against him was admissible under the Maharashtra Control of Organised Crime Act.

Shah's lawyer said the alleged conversation of October 27 last between Shah and Shakeel was not disclosed in the FIR.

The prosecutor then disclosed that police had come across several conversations between Shah and Shakeel after October 27 last, which revealed that the film financier was close to the gangster and helped him in his alleged deals.

She also disclosed that in one such telephonic talks Shakeel had told Shah to keep his share in the film Chori Chori, Chupke Chupke.

Shah's lawyer denied that his client had links with the underworld and argued that his custody under MCOCA was not justified.

Telephone calls were intercepted under the Indian Telegraph Act but the procedure prescribed therein was not followed because the intercepted material was not produced before the review committee set up under the Act, he said.

He argued that telephone line was tapped under Indian Telegraph Act but the material was put up before a committee set up under the MCOCA, which was illegal.

The prosecutor denied procedural lapses and asserted that proper procedure was followed.

Meanwhile, the Enforcement Directorate on Monday sought special court's permission to interrogate Shah on alleged hawala deals.

ED's counsel Arun Gupte urged designated judge A P Bhangale to grant Shah's custody for four days from Tuesday to probe alleged hawala deals and confront him with co-accused Naseem Rizvi who had produced the film Chori Chori Chupke Chupke .

The judge, however, said he would pass orders on the ED's plea on Tuesday after deciding the bail plea of Shah.

In a related development, Adbul Rahim Allah Baksh, co-accused and Rizvi's assistant, was remanded to judicial custody till February 14.

Rizvi was taken by the ED for questioning after seeking permission of the court. The judge has allowed the ED to grill him for four days from Monday.

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