Explain why Salem was extradited, not deported, Court asks CBIFebruary 5th, 2009 - 11:12 pm ICT by IANS
New Delhi, Feb 5 (IANS) A city court Thursday asked the Central Bureau of Investigation (CBI) to clarify why underworld don Abu Salem was extradited from Portugal and not deported, which restricted the number of cases for which he could be tried and the quantum of sentence given.Delhi Police had sought to drop charges under the the Maharashtra Control of Organised Crimes Act (MCOCA) against Salem on the ground that it was against the extradition conditions agreed between the Indian government and the Portuguese authorities.
Additional Sessions Judge Pinki said: “The CBI is directed to clarify its stand and file copy of the final order (of Portugal High Court), if any, by the next date of hearing Feb 24.”
“The CBI is asked to verify from the record as to whether any attempt was made to pursue the matter with the government of Portugal to deport the accused to this country
instead of estradition as no such report is on record,” the court said.
It also asked the CBI to produce the copy of the petition filed by Salem before the Portugal High Court alleging that the Indian authorities have violated the extradition terms by charging him under special statutes like the MCOCA.
The court also issued warrants against Salem, who is presently lodged in Arthur Road jail in Mumbai to be present in the court on the next date.
Salem is facing MCOCA charges for an extortion call in 2002 to city-based businessman Ashok Gupta, demanding Rs.50 million as protection money.
He was extradited from Portugal in 2005 for the 2003 Mumbai blasts, for forging passport cases in Lucknow and Hyderabad, three extortion cases and a conspiracy to murder case in Delhi, and two murders cases in Mumbai.
The police had filed an application for dropping MCOCA charges against Salem on the ground that it was against the extradition conditions agreed between the Indian government and the Portuguese authorities.