MCOCA against Abu Salem dropped (Lead)May 11th, 2012 - 9:11 pm ICT by IANS
New Delhi, May 11 (IANS) In a major breather for underworld don Abu Salem, the Delhi High Court Friday dropped charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) in a 2002 extortion case.
Justice V.K. Shali, allowing a batch of petitions filed by the Delhi Police and Abu Salem that sought dropping of MCOCA charges against the latter, asked that these be withdrawn.
Salem, extradited from Portugal in 2005, was booked under the act for allegedly making extortion calls to Delhi-based businessman Ashok Gupta, demanding Rs.5 crore as protection money.
A trial court in 2009 dismissed the police plea seeking to withdraw the MCOCA charges against Salem, who then approached the Delhi High Court.
The Supreme Court of Portugal recently rejected India’s appeal and cancelled Salem’s extradition, saying the Central Bureau of India had violated the terms of the extradition treaty between the two countries.
The court accused the Indian agencies of violating the conditions under which he was permitted to be taken to India in November 2005 to face trial in eight cases, including the 1993 Mumbai blasts.
Aggrieved by the Supreme Court of Portugal order, India approached the Constitutional Court of Portugal which stayed the Supreme Court order.
The Constitutional Court stayed the order after admitting India’s plea, in which it gave an executive assurance to Portugal that it would not slap any charges which invoke the death penalty for Salem and would not keep him behind bars for more than 25 years.
In February, the Supreme Court stayed all further proceedings in the two cases before the Mumbai TADA court in connection with Salem’s alleged involvement in the 1993 Mumbai blasts.
An apex court bench of Justice P. Sathasivam and Justice J. Chelameswar, while issuing notice to the central government through the external affairs ministry and the Central Bureau of Investigation, observed that it involved the larger question of whether the executive decisions by the government would affect the judicial pronouncements of the courts in Portugal.
- Court reserves order on dropping charges against Salem (Lead) - Feb 09, 2012
- Court puts off Abu Salem case till Dec 20 - Nov 08, 2011
- Apex court wants details of Abu Salem case proceedings - Mar 19, 2012
- Relief for Abu Salem as apex court stays trial in 1993 blasts (Lead) - Feb 17, 2012
- Portuguese Supreme Court cancels Salem's extradition, CBI unfazed (Second Lead) - Jan 17, 2012
- Portugal Supreme Court cancels Salem's extradition, CBI unfazed (Lead) - Jan 17, 2012
- India to approach Portuguese court on Salem extradition (Lead) - Jan 25, 2012
- Salem's trial to continue, to move Portugal constitutional court: CBI - Jan 17, 2012
- Portuguese Supreme Court cancels Abu Salem's extradition, CBI to appeal - Sep 27, 2011
- Court reserves order on charges against Salem - Feb 09, 2012
- Relief for Abu Salem in 1993 blasts - Feb 17, 2012
- Notices to government, police over Salem's plea - Nov 06, 2009
- Apex court refuses to give relief to don Abu Salem (Lead) - Sep 10, 2010
- Abu Salem can be tried for all crimes in India: Apex court - Sep 10, 2010
- Salem moves court in Mumbai blasts case - Jan 17, 2012
Tags: apex court, ashok gupta, businessman, central bureau of investigation, central government, constitutional court, court bench, crime act, crore, death penalty, delhi high court, delhi police, external affairs ministry, extortion, extradition treaty, mumbai blasts, petitions, protection money, tada court, trial court