His counsel argued that Salem himself was granted custody bail last month
MUMBAI: Nizamuddin Abdul Rauf Khan, co-accused with gangster Abu Salem in the Ajit Diwani murder case, applied for ‘custody bail’ on Monday before special (MCOCA) judge MR Puranik. Khan wanted time off from custody to attend a chaliswa (prayers on the 40th day after someone’s death) on Tuesday.
The judge has postponed the hearing of the matter by a day for defence lawyer Shahid Azmi to clarify the legal provisions whereby an accused can be released for a few hours, under police escort, from jail custody.
Khan lost his mother on December 11, 2007, and being the elder son is required to conduct the chaliswa ceremony. Moreover, his two brothers are out of the country.
Azmi argued that Abu Salem himself was granted custody bail last month by the Bombay High Court for the same purpose. Salem lost his mother three months ago. Judge Puranik, however, has asked Azmi to specify the provision of law he is relying upon to seek bail for a chaliswa ceremony.
Khan and Salem, along with Deepak alias Dipu Singh, Upendra Singh, Akhalesh Kumar Singh, Ayub Patel, and Sahebrao Giri are accused of murdering Diwani, secretary to film star Manisha Koirala. Diwani was shot in his Andheri office on June 31, 2001, for refusing to heed extortionist calls.
cooperd@dnaindia.net
