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January 17, 2001

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Bharat Shah bail ruling on Thursday

Syed Firdaus Ashraf in Bombay

After three days of arguments and counter-arguments, film financier and diamond merchant Bharat Shah's bail application will be decided by the Bombay high court on Thursday.

Shah has been remanded to custody till January 22. He is being held under the Maharashtra Control of Organised Crime Act since January 8.

Continuing from where he left off on Tuesday, Shah's counsel Ashok Desai wondered if he would get to speak to his client at all.

"I don't know what his crimes are, I am not entitled to talk to him; this is a monstrous thing to be happening in Maharashtra in the year 2001. How do I know that he is not subject to third degree?" he asked the court.

The judge, Justice S S Parkar, wanted to know if the communication between Shah and underworld don Chhota Shakeel, which the police has relied upon, was voluntary.

Public Prosecutor Vijaya Kapse-Tahilramani said, "There are not one but many conversations. If my son is kidnapped and I am talking to Chhota Shakeel to reduce the ransom that is fine, but this is different."

Kapse-Tahilramani offered to play the tapes in the court.

Ashok Desai countered this with: "But I have to have access to Shah, I cannot tell you about the merits of the case without talking to him. Neither the transcript nor the remand application has been given to me, so how can I argue my case?"

"Even after eight days of his arrest. I don't know what interrogation has taken place. Isolating him and not allowing him to meet his family is also a form of third degree," he said.

The judge scheduled the operative part of the judgment for Thursday at 1100 hours (IST).

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COMPLETE COVERAGE
Bharat Shah case

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