Sushant Singh Rajput death case: Two accused retract statements that led to arrest of actor Rhea Chakraborty’s brother Showik

Two arrested accused in the case of actor Sushant Singh Rajput’s death retracted their statements on Monday. Zaid Vilatra and Abdel Basit Parihar, arrested on charges

Two arrested accused in the case of actor Sushant Singh Rajput’s death retracted their statements on Monday. Zaid Vilatra and Abdel Basit Parihar, arrested on charges of drug peddling, retracted their statements to the Narcotics Control Bureau (NCB), claiming they were recorded under duress.

HT Image

“We filed applications when they were produced before the court, where they retracted the statements given before NCB officers, and we sought bail for them. This is a bailable offence. Also, the amount of narcotic substance involved is in small quantity which entitles the accused to bail,” said advocate Taraq Sayyed, representing Vilatra and Parihar. NCB has opposed their bail plea. The next hearing will be on Thursday.

Vilatra was arrested and produced before the magistrate court on August 3, while Parihar was arrested on August 3 and produced in court on August 4. NCB arrested actor Rhea Chakraborty’s brother Showik and two members of Rajput’s domestic staff, Samuel Miranda and Dipesh Sawant, on the basis of Vilatra and Parihar’s statements.

The magistrate court had rejected the bail pleas following which Vilatra and Parihar, through their advocate, moved for bail before a special court constituted to try cases under the Narcotic Drugs and Psychotropic Substances Act.

Independent lawyers said that the evidentiary value of a retracted statement may be compromised. “Once the statement given by the accused is retracted the evidential value of what is stated becomes questionable. The court will have to see independent evidence, other than the statement, which can support prosecution case,” said lawyer Rizwan Merchant.

Avdhut Chimalkar, who has appeared as special public prosecutor in high-profile cases involving NCB, said there are circumstances in which retractions may not be accepted. “The accused gives a statement after their arrest and later, retract their statement after consultation with their lawyer. Such retraction may also not be accepted by the court. Of course this has to be proved by leading evidence,” said Chimalkar.

Meanwhile, chief metropolitan magistrate (CMM) ST Dande issued a circular on Monday, stating the hearings of remand applications in connection with NCB’s probe into Rajput’s death would be conducted through video conferencing.

The circular dated September 6 reads: “In the present day’s situation of pandemic and past experience and to maintain law and order and administration of justice, with immediate effect, any accused related to the Sushant Singh Rajput remand will be carried [out] through video conferencing only.” The CMM’s office also directed NCB to ensure the accused are tested for Covid-19 at its office.

Meanwhile, Anuj Keshwani, who was arrested on Sunday night for allegedly drug peddling and his involvement in Rajput’s case, was remanded in NCB’s custody till September 12.