The Supreme Court on Monday cleared the decks for the investigation and prosecution of leading Bollywood financer Bharat Shah under the Maharashtra Control of Organised Crime Act for his alleged links with the underworld, holding that a telephonic conversation can be the basis of registration of an First Information Report against the person.
A bench comprising Chief Justice K G Balakrishnan and Justices R V Rraveendran and M K Sharma set aside the impugned judgement of Bombay High Court, which had quashed the FIR against Bharat Shah on the grounds that a case cannot be registered solely on the basis of telephonic conversation as telephone tapping of an individual without following the rules amounted to an assault and encroachment on the privacy of an individual.
The apex court, however, held that telephonic conversation showing involvement of a person's links with underworld and also exposing the involvement of the money of mafia don in the film industry, is sufficient for initiating investigation against that individual to ascertain the truth of the telephonic conversation.
Bharat Shah is facing allegations of having close links with Dubai-based mafia dons like Dawood Abrahim, Chota Shakeel and others.
Monday's judgement has been delivered by the apex court on an appeal by the state of Maharashtra.
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