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December 22, 1999

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A judge, a gangster and a telephone call

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S Hussain in Bombay

In a revelation certain to shake Bombay's legal circles, the crime branch of the city police has acquired a taped conversation between Additional Judge J W Singh of the sessions court, who has been suspended by the Bombay high court, and a Karachi-based don.

The judge is accused of having sought to recover money from an acquaintance using the don's help. The tape has him agreeing to go soft on the gang in case any police cases involving it are brought before his court.

The Bombay police have registered a case of abetment of organised crime and slapped a charge under the Maharashtra Control of Organised Crime Act on Singh.

The judge was placed under suspension for controversial judgments in some cases under the Narcotic Drugs and Psychotropic Substances Act. This happened even before the police filed their first information report on November 1.

Singh shot into notoriety after the killing of advocate Liaquat Ali Shaikh on November 17 outside Goregaon railway station. Shaikh is believed to have been the liaison man between Karachi-based ganglord Chhota Shakeel and the suspended judge.

The crime branch filed an FIR on November 1 in the sessions court and also played the taped conversation before a shocked Chief Justice Y K Sabharwal of the high court before seeking his permission to name the judge as an accused.

Singh, Shaikh, Shakeel and his henchman Pydhonie are now charged with criminal conspiracy and intimidation.

Following is an exclusive extract from the sealed audio transcript, which now stands as the technical evidence against the judge and others. The conversation took place when the don called Shaikh on his mobile phone (number 98211 64606) when he was at Singh's building at Sion in north-central Bombay at 1920 IST on March 25. Only the name of the man who allegedly owed Singh money has been withheld. "CS" is Chhota Shakeel.

Shaikh: Salaam Aalaikum!

CS: Walaikum Salaam mian, bolo!

Shaikh: Please speak to Singh saheb, he is in the sessions court and a good man.

Singh: Salaam Alaikum!

CS: Salaam, salaam, boliye.

Singh: I have got to recover some money from somebody. His name is...

CS: Just a moment. Fahreem, give me the pen and diary. Haan, how much?

Singh: Around Rs 40 lakh. It's mine, my son's and son-in-law's together.

CS: What is his shop called?

Singh: X

CS: Accha, the one in Sion?

Singh: Haan, haan.

CS: I know that. I already have his matter involving two crores. But I will clear your money. Anything else?

Singh: No, that's all. (Shaikh then talks to CS who then again talks to Judge Singh regarding police encounters).

CS: Why don't you take any action against the police for the encounters?

Singh: The matter should come before us.

CS: That will come. But even after Jude Aguiari's report, more encounters happened. The police just don't care for the law.

Singh: Anyay hain, atyachar hain (It's unjust).

(CS then goes on to narrate an encounter incident).

CS: In none of the encounters were the police hurt.

Singh: They should, they should [be hurt].

CS: Now what do I do about these officers?

Singh: You are a wise man.

CS: I know I am. Lekin phir aap log hi chillate hain!

Singh: No, we don't say anything.

(CS narrates another encounter incident and then calls off the conversation after speaking to Shaikh).

When the police began digging Judge Singh's record they found that he had acquitted two alleged hitmen of the Chhota Shakeel gang on April 8, following an underhand deal with the gangster.

The two alleged hitmen, Subhash Ramkumar Bind (21) alias Vakil and Shekhar Namdeo Kadam (23) alias Shashi, were arrested from Santosh Nagar chawl in Malad on July 3. An AK-56 assault rifle, two AK-56 magazines with 279 live cartridges, two imported 0.38 bore revolvers and one 9 mm Browning pistol were seized from their hideout.

Bind and Kadam were allegedly involved in four cases of murder and attempts to murder. The Malad police had charged them under relevant sections of the Indian Arms Act and also for murder and assault and filed a chargesheet in the metropolitan count, Borivli on March 3, 1997. The case was referred to the session's court since it involved offences like murder.

The case was tried by Judge Singh who acquitted the two on April 8. The police again have a recorded telephone conversation Chhota Shakeel had with the judge's liaison man, advocate Liqquat Ali Shaikh, on April 9, when CS called Shaikh at his residence on phone number 8057755. This is now part of what legal circles claim as incontrovertible evidence against the accused. An exclusive extract from this telephonic conversation:

CS: Hello, hello, haan!

Shaikh: Salaam bhai!

CS: Were you sleeping?

Shaikh: No, no bhai.

CS: Accha, tell that badawala kalakot (the big one in the black coat) not to worry. We have cleared bees peti (Rs 20 lakhs) from the shop. One of my punters will do it. Actually, it is a matter of 60 to 70 petis.

Shaikh: Today, that matter was before him [Judge Singh] involving Subhash and Shekhar. It got dismissed. Chhut gaye na.

CS: Haan, haan.

Shaikh: She used to cheat in the dealings. Tho Salim ne bola tha thokneka (Salim had sent boys to bump her off).

CS: But these boys had gone and killed builder Narendra Goyal. Then they had gone to knock off Shah but killed her watchman Kamruddin Khan instead. That case was heard today. Both the boys have been acquitted. Both are very good.

The two then talk about getting other 'boys' cleared from the court cases and the conversation ends.

The next day, on April 10, 99, Judge Singh calls up Shaikh. The operative part is given below:

Singh: Hello, Shaikh.

Shaikh: Haan, sir.

Singh: Did you get any call from there [Chhota Shakeel)? It will be good if our work is done...

Shaikh: Yes, he said it will be done. Very soon, sir.

Singh: Please, take my mobile number --- 98211-04193. Can you arrange for a talk from there [CS] tomorrow after 8 pm? I am going out now.

Shaikh: Okay, sir, right sir.

Singh had petitioned the high court and sought the quashing of the FIR against him. However, the HC not only dismissed his petition but also ordered the police to arrest him. Following the high court order, Singh has absconded and the police have spread a dragnet for his arrest.

The manhunt for Singh has extended as far as Nanded and Igatpuri in Maharashtra to Delhi. A team of police officers is already camping outside the Supreme Court to nab Singh if he showed up to file an appeal there. The Bombay police is also in the process of getting a non-bailable warrant issued against him and declare him a proclaimed offender.

This will be first time in the history of the Indian judiciary that a judge will be labelled as a proclaimed offender and it is the second time in the history of the Maharashtra judiciary that a judge will be rapped for favouring gangsters. Earlier, magistrate Nagesh Sevankar was transferred for being soft on another ganglord, Arun Gawli.

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