Deaf-mute man's murder: Mumbai court nod to Belgian probe team to question accused jailed in city

Mumbai, Oct 11 (PTI) A sessions court here has given its nod to a probe team from Belgium to interrogate three accused lodged in Mumbai prisons in connection with the murder of a speech and hearing-impaired man in 2024, in which a resident of that country is a wanted accused.

The police uncovered the murder that took place in south Mumbai's Pydhonie area in August 2024 after the body of the victim was found stuffed in a trolley bag at the Dadar railway station in central parts of the megapolis.

The victim, Arshad Shaikh (30), was allegedly killed by his two friends - Pravin Chavda and Shivjit Singh.

Police later arrested the victim's wife Rukhsana Shaikh, who they alleged was having an extra-marital affair with Chavda and was aware of the conspiracy to kill her husband.

Jagpalpreet Singh, a resident of Belgium, is accused of provoking the Mumbai-based co-accused to commit the murder.

All the four accused in the case have the same disabilities as the victim.

He was questioned by Belgian authorities in October 2024 after he shared videos of his calls with the two accused on WhatsApp groups and members reported about his alleged involvement in the crime.

However, earlier this year, Belgium had rejected Mumbai police's request to extradite Singh.

While Chavda and Shivjit Singh are lodged in Mumbai's Arthur road jail, Rukhsana is in Byculla women's prison.

Earlier this week, the Mumbai police filed an application before the court of Additional Sessions Judge Prashant Kale, apprising it of a communication received from the Centre about a Belgium team visiting the prison for interrogating the three accused in the matter pertaining to Singh.

"Therefore, since all the case papers relating to the said crime are in your court, it is requested that permission be granted for two police officers from Belgium, one judge, one government lawyer, three police officers, one videographer and one interpreter to visit prisons and conduct investigations," the Mumbai police's plea said.

It also requested that appropriate orders be given to the jail authorities about the matter.

The Belgian delegation is expected to be in India between October 11 and 18.

The court, after perusal of the case papers, noted that there is a treaty on mutual legal assistance in criminal matters between the Republic of India and the Kingdom of Belgium.

This agreement provides a framework for both countries to exchange requests for legal assistance in criminal matters with each other, the sessions judge said.

"In view of the treaty, the central government has issued directions to the police of Maharashtra in respect of the present crime/case," the court said.

The court disposed of the police's plea, with observations that the applicant under directions of central government and appropriate authorities from Maharashtra are expected to comply with the directions.

"Needless to mention that police authorities and agencies acting under the directions of Centre in this regard are expected to strictly adhere to the law of the country ensuring that there is absolutely no violation of any of the rights of the accused person guaranteed to them by the Constitution of India," the court said.

The police will have to comply with the directions of the Centre in this regard meaningfully and report the compliance, the court said.

Meanwhile, the defence, represented by advocates Prakash Salsingikar, Ganesh Nagargoje contended that as per the Indian Constitution, every person has the right to be heard and put his side before the court.

The lawyers pointed out that they were not providing copies of the application seeking to interrogate the accused.

The court, addressing their concern, directed the police to inform the advocates of the accused while complying with directions received from the central government.

Further, allow the defence advocates for the accused and their interpreter to remain present during the process of interview, the court said. PTI AVI NP