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Approver in Gulshan case wants to withdraw

In a significant development, the approver in Gulshan Kumar murder case Thursday made a renewed plea for withdrawal of pardon through his lawyer who informed the trial court that his client did not wish to become the prime prosecution witness.

The much-awaited trial was to commence Thursday with the public prosecutor Ujjwal Nikam all set to open the case against 20-odd accused who were produced before the court.

P A Sebastian, appearing on behalf of the approver Mohammed Ali Hussain Shaikh, informed additional sessions judge M L Tahilyani that the Bombay High Court had directed his client to ventilate his grievances before the trial court.

The high court had rejected his plea for bail and withdrawal of pardon on the ground that trial court was competent to decide whether his confession was valid or not, Sebastian informed the court and suggested an adjournment as he wished to file an application in this regard.

The court has directed him to file the plea on January 8 next and told the prosecution to open its case after the ruling is delivered on the approver's application.

The approver had alleged before the high court that he was 'forced' to become an approver by the police who 'lured' him by giving Rs 5,000 thrice and promised to provide him a house and taxi for a living. Besides, they also promised to release him within eight days but had not kept their word.

Shaikh has also alleged that police officers came to meet him in jail and foisted on him a lawyer R Mokashi who asked him to sign on certain blank papers. Shaikh alleged that he had been forced to make a confession.

Gulshan Kumar was killed in broad daylight outside a temple on August 12, 1997, allegedly by members of Abu Salem gang at the behest of Nadeem who reportedly left the country before the crime was committed.

The prosecution has alleged that the contract for the killing was given by Ramesh Taurani, chairman of Tips Cassettes Ltd and Kumar's business rival, to music director Nadeem Akhtar Saifee.

The high court of United Kingdom has reserved its order until Christmas on an appeal filed by Nadeem against the order of Bow Street Magistrate who last year ruled that that there was prima facie case against him in Gulshan Kumar murder case and recommended his extradition on proceedings launched by the Indian government.

The trial has not progressed for three year even though the chargesheet was filed in the court as police made efforts to get the main accused to India to face the charges.

Accused held in custody are Javed Kaliya Wahid Khan, Rafiq Ahmed Shafi Ahmed, Rafiq Mohammed Isaq Phalke, Imtiaz Dawood Merchant, Adil Mohammed Ali Khan, Pratap Singh Sukhbir Singh, Abdul Kavi Mohammed Iddris Shaikh, Mohammed Azim Abdul Kazi Shaikh, Aftab Alavi Irshad Ahmed Khan, Jaffar Sharif, Faiyaz Ahmed, Firoz Sultan Khan, Abdul Rashid Dawood Merchant, Wasim Babu and Fatima Dawood Merchant.

Ramesh Taurani and Shafiq Ahmed Mohammed Shaikh are on bail, while Abu Salem and Sabirali Majahar Hussain are declared as absconders and proclamation orders have been issued against them. Two others Mohammed alias Raja and Anil Sharma have been killed in police encounters.

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