India News | SC Refuses to Entertain Plea of Gangster Abul Salem Challenging His Detention
Get latest articles and stories on India at LatestLY. The Supreme Court on Thursday refused to entertain a plea of 1993-Mumbai blasts' case convict and gangster Abu Salem challenging his detention alleging breach of his extradition terms and conditions from Portugal.
New Delhi, Jan 7 (PTI) The Supreme Court on Thursday refused to entertain a plea of 1993-Mumbai blasts' case convict and gangster Abu Salem challenging his detention alleging breach of his extradition terms and conditions from Portugal.
A bench of Chief Justice S A Bobde and Justices AS Bopanna and V Ramasubramanian told advocate Vikrant Yadav, appointed amicus curiae in the matter, that it will be better if the top court have the benefit of the findings of the Bombay High Court.
“We are not inclined to entertain the writ petition under Article 32 of the Constitution of India. The same is, accordingly, dismissed with liberty to approach the appropriate High Court under Article 226 of the Constitution of India”, the bench said.
At the outset, Yadav claimed in the top court that there were several breaches of terms and conditions of his extradition and therefore his current detention is illegal.
He said that at the time of Salem's extradition, India had assured Portugal that no charges entailing death penalty or imprisonment of more than 25 years would be pressed against him, but such charges were later brought in.
Yadav added that Lisbon court of appeals have terminated his extradition, when these facts were brought to its notice.
He said that he is facing difficulty in getting in touch with Salem currently lodged in Navi Mumbai's Taloja Jail for getting some documents and he should be transferred to Tihar Jail in Delhi.
The bench said that all these facts can be brought before the Bombay High Court under Article 226 and it cannot hear Salem's plea filed under Article 32 of the Constitution.
In 2015, Salem was sentenced to life imprisonment by a special TADA court in the 1995 murder case of Mumbai-based builder Pradeep Jain.
Salem had earlier challenged framing of charges other than Mumbai blasts case before the trial court and later filed an appeal saying that his extradition terms were being violated.
The top court through its order dated September 10, 2010 had rejected Salem's plea aying there was no violation of his extradition terms and conditions.
The coordinated blasts had claimed 257 lives and injured more than 700 people in Mumbai in 1993.
Salem, who was awarded life sentence in the blast case was one of the main conspirators and he delivered three AK-56 rifles and ammunition and hand grenades to actor Sanjay Dutt (convicted in earlier phase of trial under the Arms Act).
Salem, who was close to (gangster Dawood Ibrahim's brother) Anees Ibrahim and Dossa, took upon of himself to bring a part of arms and ammunition from Dighi to Mumbai.
This was "vital towards achievement of the conspiracy so that the weapons could be used to terrorise and torment innocent citizens of India," the trial court in Mumbai had said at the time of his conviction 1993 blast case.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)