The Hindu : New Delhi News : Court notice to Centre, Delhi Govt. on Salem’s plea

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Court notice to Centre, Delhi Govt. on Salem’s plea

Staff Reporter

Salem is being tried under MCOCA in which he could even be awarded death sentence
He was extradited from Portugal on the condition that he will not be awarded death penalty

NEW DELHI: The Delhi High Court on Friday issued notices to the Union Government and the Delhi Government on a revision petition filed by underworld don Abu Salem challenging dismissal of an order by a lower court here validating the slapping of Maharashtra Control of Organised Crime Act (MCOCA) charges against him by the Delhi police.

Salem is facing prosecution in the 1993 Mumbai serial bomb blasts and other criminal cases here in the Capital. He had last month withdrawn an earlier petition seeking quashing of the lower court’s order when Justice Kailash Gambhir said that the accused should file a revision petition in the matter.

Salem had filed the earlier petition under Section 482 of the Criminal Procedure Code under which the High Court enjoys inherent powers to interfere in any criminal matter.

The Court had then observed that the accused need not take recourse to Section 482. He should rather file a revision petition, Justice Gambhir had said. The trial court had in August this year dismissed the Delhi police’s application seeking withdrawal of MCOCA charges against the accused saying that it was not in public interest.

The police had sought dropping of the MCOCA charges against the accused arguing that according to the conditions governing his extradition from Portugal he could only be awarded a maximum punishment of 25 years’ imprisonment by Indian courts while under MCOCA he could even be awarded death sentence.

Counsel for Abu Salem also had also supported the contention of the Delhi police on the same ground.

The Union Government had asked the Delhi police to approach the trial court seeking dropping of the MCOCA charges against Salem when he approached a court in Portugal alleging that Indian authorities were acting in contravention of the extradition conditions.

Salem was extradited from Portugal in 2005. He was booked under the stringent MCOCA for allegedly making extortion calls to Delhi-based businessman Ashok Gupta in 2002 demanding Rs.5 crore.

The conditions under which Salem was extradited from Portugal to India included one that he will not be awarded death penalty, sentenced to more than 25 years in jail or tried under any special law.

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