The Hindu : Apex court declines Bharat Shah's plea

Online edition of India's National Newspaper
Tuesday, Apr 29, 2003

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National

Apex court declines Bharat Shah's plea

By Our Legal Correspondent

NEW DELHI APRIL 28. The Supreme Court today declined to entertain a petition from film financier Bharat Shah for quashing the charge of conspiracy with the underworld to eliminate noted film stars in Mumbai.

A Bench, comprising Justice M.B. Shah and Justice Arun Kumar, said that as the recording of evidence was in the final stages and 72 witnesses had been examined and only four more were left, no interference with the High Court order was called for at this stage.

Senior counsel Kapil Sibal, appearing for Mr. Shah, said that for one year his client's plea had been hanging and no court was ready to hear it.

There was not even a whisper, as per prosecution evidence, that Mr. Shah had conspired at any point of time to eliminate film stars. Further, his grievance that the charge had been framed wrongly was not being addressed by the courts.

Appearing for the prosecution, senior counsel K.T.S. Tulsi said there was enough evidence against the accused relating to conspiracy and that whether or not there was a conspiracy could be determined only after completion of the recording of evidence.

The Bench said the High Court order would not be disturbed and the trial court would act in accordance with the order.

The trial court had held that Mr. Shah's plea would be considered only at the end of the examination of witnesses and this was upheld by the High Court.

The appeal was directed against the High Court order.

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