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Court to frame charges in Gulshan
Kumar case on March 2: PTI

Additional sessions judge M L Tahilyani directed the prosecution to file a supplementary chargesheet by February 22, in view of the recent arrest of Gulshan Kumar's alleged killer Abdul Rauf Daud Merchant.

Special public prosecutor Ujjwal Nikam submitted that investigations with regard to Abdul Rauf's involvement had not concluded. A weapon had to be recovered at his instance and a cell-phone and four pagers used in the crime were to be traced.

Abdul Rauf, who was arrested last month from Calcutta, has been remanded to police custody till February 12 by a magistrate in Bombay. After the filing of additional chargesheets, he will be produced before the trial court along with the other accused.

Eighteen accused, including Ramesh Taurani, managing director of Tips Cassettes Industries Pvt Ltd, were present before court to face trial.

Faiyaz Ahmed Chougale, accused of helping the conspirators by arranging talks with the prime accused in Dubai from his communication centre, informed the court that he was taken to hospital, where doctors told him that he was suffering from liver cancer.

His lawyer Majeed Memon urged the court to direct the investigating agency to provide treatment and admit him to hospital, if necessary.

The court has directed the police to produce him on February 9 along with medical papers, a health status report and a brief note of a doctor.

The prosecution, on January 25, had opened its case against each of the 18 accused facing trial. Besides them, one has turned approver and eight, including prime conspirator and music composer Nadeem Akhtar Saifee are shown in the prosecution record as absconding.

Of the 18 accused facing trial, seven, including Taurani, are on bail. Among the absconding accused are Abu Salem and Qayoom Chacha.

Gulshan Kumar was shot dead on August 12, 1997, outside a temple and there is evidence on record to show that the assailants were Mohammed Rauf alias Raja, Anil Sharma (now dead) and Abdul Rauf Daud Merchant.

Ramesh Taurani and Nadeem had allegedly handed over Rs 25 lakh to some of the accused.

The 18 accused facing trial are Javed Kaliya, Rafiq Ahmed Ansari, Rafiq Falake, Imtiyaz Merchant, Adil Mohammed Ali Khan, Pratapsingh Shokin, Shabir Ali, Abdul Kavi Idris, Mohammed Azim Kavi, Aftab Alam Irshad, Ramesh Taurani, Jaffar Sharif alias Nawab, Fayyaz Chougale,, Firoz Sultan Khan, Sharif Ahmed Mohammed Sayyed, Wasim Babu alias Wasim Abdul Khan, Abdul Rashid and Fatima Dawood Merchant.

The main charge against them is conspiracy (Section 120-b IPC), Section 302 IPC read with 120-b and if conspiracy fails Section 302 IPC read with Section 34 common intention.

Nadeem was in London on holiday with his family when Gulshan Kumar was killed. He was later implicated by the police. Since then he did not return.

The Indian Government had filed extradition proceedings against him and a Bowstreet magistrate had held there was a prima facie case against him.

Nadeem challenged the order of the magistrate in the London high court, which discharged him in the extradition proceedings.

The Indian Government has now filed an appeal in the House of Lords against the high court order.

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