London court to decide on Nadeem’s appeal

The fate of music composer Nadeem Akhtar Saifee, facing extradition proceedings in the UK, will be decided this month end when London High Court will finally hear his appeal against the order of the Bow Street Magistrate who ruled last year that he was prima facie involved in the conspiracy leading to the murder of audio king Gulshan Kumar.

This was revealed by special public prosecutor Ujjwal Nikam who left for London on November 14 on deputation by the Indian government to assist the Crown Prosecution led by Paul Garlick. Nadeem will be represented by Clive Nicholas and noted criminal lawyer Majeed Memon.

Nadeem has challenged the order of the Bow Street Magistrate on the grounds that the court had based its verdict on the evidence of accused-turned-approver Mohammed Ali Shaikh who unfolded the conspiracy that led to Gulshan Kumar’s murder.

Nadeem has questioned the genuineness of the approver’s letter, written from prison to alleged police-foisted lawyer R B Mokashi in the presence of the jailor, revealing his plan to disclose true facts of the case. According to him, Shaikh did not know Hindi and could write only in broken Urdu.

On Nadeem’s plea, the London High Court had recently urged Mumbai High Court to allow examination of the approver in a court of law on a limited issue concerning his literacy.

The Mumbai High Court referred the matter to Additional Sessions Judge HS Deshpande who refused to examine Shaikh on the ground that the trial had not yet commenced and Indian law did not permit examination of an approver before the trial. He however, allowed defence to examine Shaikh’s wife and daughter.

Nadeem moved the Mumbai High Court against the order of the sessions judge who had refused examination of the approver. Justice Vishnu Sahai, however, dismissed his appeal on merit.

Nadeem’s lawyers chose to examine the approver’s daughter, Shabnam, and not his wife in view of her old age. Shabnam strengthened Nadeem’s case by affirming on oath that her father did not know Hindi or any other language and that he could sign only in broken Urdu.

However, the prosecution demolished Shabnam’s evidence during cross-examination by confronting her with the embarkation documents wherein Shaikh had signed the papers in English while travelling from Mumbai to Dubai to attend a conspiracy meeting called by Abu Salem of the Dawood Ibrahim gang, who had allegedly executed the murder on Nadeem’s instructions.

The crown prosecution then moved the London High Court to allow examination of RB Mokashi and Jailor Wankhede in whose presence Shaikh wrote a letter declaring his intention to tell the truth. On a request made by London HighCourt, Mumbai High Court allowed the prosecution’s plea. They were examined in a court here last week. Both supported the prosecution’s case.

This exercise was undertaken because Nadeem has taken a defence that advocate Mokashi was allegedly foisted by police on the approver who had no choice but to carry out his instructions of writing a letter to seek pardon.

Nadeem is also banking on the petition filed by Shaikh in Mumbai High Court urging withdrawal of the pardon granted to him by a Magistrate on the ground that he had been forced to become an approver. The high court has already dismissed this petition as Indian laws do not allow withdrawal of pardon.

The prosecution has pinned down Nadeem as the Prime conspirator in the Gulshan Kumar murder case. According to Mumbai police, he had “hired” Abu Salem to execute the murder due to business rivalry.

Nadeem, who was on a visit to London with his family when Gulshan Kumar was murdered, has since not returned. He has denied his involvement in the conspiracy. However, the Indian government launched extradition proceedings against him in London.

PTI

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