Mumbai: Abrupt transfer of investigation in a murder case involving Iqbal Shaikh
Kaskar, younger brother of underworld don Dawood Ibrahim, from a local police
station to the crime branch has baffled legal circles, even as a magistrate has
asked cops to explain on March 3 why they need police custody of the accused beyond
14 days.
The transfer of investigations from M R A Marg police station to the crime branch
has surprised legal circles, as it came at the fag end of the trial in a sessions
court. In this case, four other accused have been discharged and two others are
facing trial, although they have secured bail.
Iqbal had also informed the court that he had come to India on his own accord. If he
is to be believed, then he should be given a fair opportunity to defend himself,
legal sources said. But if he is on the wrong side of Law, then he has to face the
consequences, they said.
Iqbal was arrested on February 20 allegedly for murder of a customs informer. He was
arrested at airport on arrival from Dubai after being deported by authorities. He
was remanded to police custody till March 6 and probe entrusted to M R A Marg police
station, which registered the crime in 1998.
The crime branch stepped into the case a week after Iqbal's arrest and took over
investigations. They produced him before another magistrate, who remanded him to
custody till March 14.
Iqbal's lawyers Ayaz Khan and Sham Keswani argued the police custody could be
granted only for the first 15 days and not beyond that period. The court, as such,
gave notice to the crime branch to explain on March 3 why they needed police custody
beyond 15 days.
Iqbal has been struggling to come to India since last two years. He had filed a
petition in Supreme Court urging for a direction to government of India to restore
his passport, which had been cancelled earlier, legal sources said.
Iqbal pleaded before the Supreme Court that he was not a criminal and wanted to come
to India. The apex court asked him to move the authorities in India before knocking
at its door.
Accordingly, he filed applications in passport office and other authorities pleading
for restoration of his passport. When he could not get a favourable response, he
moved the Supreme Court once again.
In 2002, the apex court issued notices to all the states to disclose if Iqbal was
wanted in any cases in their respective areas, the sources added.
Maharashtra government informed the Supreme Court that Iqbal was wanted by M R A
Marg police station in Mumbai in a murder case of a customs informer. The apex court
then advised him to move the Mumbai High Court for appropriate reliefs. He then
filed a petition in High Court and the matter is pending.
PTI