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Shah's appeal rejected, HC upholds trial court order

In a significant ruling, the Mumbai high court on Monday upheld the order of a special court, which rejected the plea of film financier Bharat Shah to quash police sanction to try him under a stringent law in the case involving alleged nexus of Bollywood with the underworld.

Rejecting Shah's appeal against the impugned order, Justice Rajana Desai observed that the trial court would not get influenced by the high court verdict, and consider the issue of police sanction independently on merits.

The judge held that the police sanction obtained to prosecute Shah was valid and proper. She disagreed with Shah that the sanction was given without application of mind.

Releasing Shah on bail, the Supreme Court had recently asked the lower court to expedite trial. As the prosecution embarked on its opening address, Shah challenged his arrest. The trial court rejected his plea and he filed an appeal in high court.

Shah had questioned the validity of the sanction granted by police commissioner on March seven last year under section 23 (2) of Maharashtra Control of Organised Crime Act to prosecute him.

Shah's counsel V R Manohar and Vibhav Krishna said the sanction was bad in law and should be quashed. They prayed that the trial court had no jurisdiction to try him as the sanction was defective and given without application of mind.

Shah's lawyers argued that the sanction was granted on the basis of a report dated March three last year. There was nothing in the sanction to show what facts or material were considered by the police chief before concluding that prima facie case was made out against him under MCOCA.

More reports on the Bharat Shah case

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