Dawood’s brother seeks closure of evidence in 2017 extortion case citing lack of witnesses

MUMBAI: Fugitive gangster Dawood Ibrahim’s brother Iqbal Ibrahim Kaskar has urged the sessions court to close the prosecution’s evidence in a case of alleged extortion of a Thane-based builder in 2017 citing absence of witnesses. In an application submitted in court on Friday, Kaskar emphasised the time-sensitive nature of proceedings and said his prolonged imprisonment pending conclusion of the trial had dehumanised him.
Arrested in 2017 as part of a major crackdown on the Mumbai underworld, Kaskar faces multiple charges, including under sections 384 (extortion), 386 (extortion by putting a person in fear of death or grievous hurt), 387 (extortion by threat of death), and 120-B (criminal conspiracy) of the Indian Penal Code and sections 3(1)(ii), 3(2), 3(4), and 3(5) of the Maharashtra Control of Organised Crime Act (MCOCA).
He is currently undergoing trial in a case of extortion registered by Thane Police in 2017 under provisions of the MCOCA. The case pertains to a builder who had purchased two properties in Mumbai in 2007 and 2008. Between March 2012 and May 2013, the builder received a series of threatening phone calls from Indian as well as international numbers, warning him of dire consequences including death if he pursued his rights in the said properties.
The prosecution alleges that Kaskar and several accomplices had threatened the builder in a bid to extort money. But it has produced only some witnesses in court over the past few years when the trial has been underway. In some instances, witnesses were produced in court in the absence of Kaskar, which prompted his counsel Tabish Mooman to reference section 273 of the Criminal Procedure Code (CrPC), which mandates that witness testimonies must be recorded in the presence of the accused.
To ensure compliance, the court has time and again directed the prosecution to produce witnesses and the superintendents of central prisons in Mumbai and Thane to ensure that Kaskar was produced in court either physically or via video conference on every designated date.
On Friday, Mooman told the court that though the trial was supposed to conclude in August, no witnesses were produced in court over the past two months despite specific directions. He argued that the prosecution’s case lacked sufficient witnesses and case records revealed a deliberate violation of CrPC provisions as well as supreme court guidelines on the conduct of trials. Moreover, Kaskar’s extended detention had dehumanised him and reduced him to a mere ticket number within the judicial system, said the lawyer.
Mamoon urged the court to dismiss the case against Kaskar for want of witnesses and issue any other orders deemed appropriate, underscoring the need for a fair and timely resolution of the matter. The prosecution has been asked to respond to Kaskar’s plea during the next hearing, scheduled on October 6.