TADA court rejects Abu Salem's plea to stay trials in India
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A designated TADA court on Tuesday rejected jailed gangster Abu Salem's plea to stay the 1993 Mumbai serial bomb blast trial and proceedings in the Pradeep Jain murder case on the ground that a Portuguese court has terminated his extradition.
TADA judge G A Sanap, while rejecting Salem's plea, observed that the Indian government has challenged the high court order in the Supreme Court of Portugal and until a final order was passed there, the proceedings in Indian courts could not be stayed.
Salem had also pleaded in the same petition that the jail authorities be directed not to produce him in any court till the conclusion of proceedings in Lisbon.
He argued that the trial in cases registered against him cannot go on after the Portuguese Court order terminating his extradition.
According to his lawyer Saba Qureshi, the Portugal High Court order had said that there was a breach of agreement by India as it slapped offences which attracted death penalty. Capital punishment has been abolished in Portugal, she said.
The CBI, on the other hand, argued that though the Portugal High Court had terminated extradition of Salem, the government of India had challenged the order in the Supreme Court of that country and until a final order was passed by the apex court the proceedings against the gangster in Indian courts could not be stayed.
The judge concurred with the CBI and rejected Salem's plea for stay of trial in cases against him. Salem, a key accused in the 1993 bomb blast case, and his girlfriend, Monica Bedi, were extradited to India on November 11, 2005, after a marathon legal process in Portugal lasting three years.
While Monica was granted bail in the alleged passport forgery case, Salem, once a confidant of fugitive mob boss Dawood Ibrahim, also wanted in 1993 blasts case, is confined to jail.
Salem is facing a total of nine cases in India, including the 1993 blasts and Pradeep Jain murder case.
A series of blasts had rocked Mumbai on March 12-13, 1993 killing over 200 people and injuring 713.
Two unidentified gunmen had shot builder Jain on March 7, 1995 outside his house in Juhu, a western suburb of Mumbai. Salem has been charged with conspiracy under the TADA in this case.
The 1993 blasts and Pradeep Jain murder cases had been cited by the CBI while seeking Salem's extradition to India.
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