Underworld don Abu Salem will remain in India as the top Portugal Court has observed that it was not obliged to extradite the gangster back to the European country after it was held there was violation of deportation rules by Indian authorities.
Gangster Abu Salem, who survived bid on his life in a Navi Mumbai jail last month, will move the European Union seeking execution of the order canceling his extradition to India issued by the Portuguese constitutional court.
According to them, any such permission would hamper the ongoing probe and cripple the agency's efforts to collect evidence in the case against Salem.
One accused was acquitted by the court.
A Delhi court on Thursday issued a fresh production warrant against underworld don Abu Salem, after the Mumbai police failed to produce him in a case lodged in 2005, for allegedly making calls to a Delhi-based businessman demanding Rs five crore as protection money."Issue production warrant against Abu Salem for October 26," Additional Sessions Judge Pinki, who was to hear arguments on the framing of charges in the case, said.
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This is the third case in which Salem has confessed his role.
The Portuguese court sentenced Salem to four-and-a-half years of imprisonment and Bedi to two years, highly placed Central Bureau of Investigation sources in Delhi said.
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Mumbai police can prosecute Salem on two cases only.
Portugal's Supreme Court has rejected a Central Bureau of Investigation appeal against a lower court decision which had held that rules have been breached on extradition of underworld don Abu Salem by slapping of new charges that attract death penalty.
Deputy Prime Minister L K Advani said the only difficulty is the Portuguese government's policy of not allowing extradition of any person to a country, which has a capital punishment.\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
The 3rd special court Judge for CBI cases, M V Ramana Naidu had on November 18 held the underworld don guilty under different sections of Indian Penal Code (IPC) for obtaining a passport under a fictitious name and address, from Kurnool district of Andhra Pradesh.
Life behind bars has not dimmed underworld don Abu Salem's attraction towards actress and former lover Monia Bedi as he once again publicly said on Wednesday that she was his wife, a claim which has been refuted by her on several occasions. "Monica Bedi is my wife," said the gangster, who has been in jail for three years, while coming out of a Delhi court.
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Kode stayed the transfer of custody of Salem to Delhi Police. Salem, lodged in the Arthur Road Jail here, is a key accused in the 1993 Mumbai blasts.
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The Bombay high court on Monday deferred till August 16 a petition filed by 1993 serial bomb blast accused Abu Salem challenging a Terrorist and Disruptive Activities (Prevention) Act court's order to separate his trial from other accused.
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Salem has been taken to the high security Arthur road jail following his arrival from Delhi.
Salem has engaged reputed criminal lawyer Niteen Pradhan to argue his case and shall make his submissions on Tuesday.
The Central Bureau of Investigation is likely to seek from the Supreme Court withdrawal of charges of organised crime against 1993 Mumbai blast accused Abu Salem after receiving legal opinion on the issue.
Senior advocate K T S Tulsi contended that Salem was not extradited from Portugal under charges of conspiracy in the Jain murder and, therefore, he could not be framed on that count.
Delhi Police will seek custody of extradited gangster Abu Salem in connection with three extortion cases registered against him in the capital, Police Commissioner K K Paul said in New Delhi.
Though there are four cases registered against him here, he can be tried in only three cases, which were mentioned in the extradition agreement with Portugal.
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The application of Mumbai crime branch, seeking transfer Salem's custody has been filed with the special TADA court, which is hearing the 1993 bomb blast case.
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Underworld don Abu Salem on Tuesday opposed framing of extortion charges in a Delhi court on the ground that the Indian government did not mention about his impending prosecution under harsher penal provision while seeking his extradition from Portugal.
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A special TADA court in Mumbai on Tuesday rejected the application of gangster Abu Salem, seeking closure of his trial, after the Central Bureau of Investigation said it had challenged the order of Portugal supreme court, which had terminated his extradition to India in that country's constitutional court.
The reports published in many newspapers alleged as soon as Salem entered the Arthur Road jail on November 23, he hosted a party for his supporters and other associates already lodged inside. \n
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Earlier, CBI had arrested Salem soon after his extradition on November 11 in the 1993 bomb blast case.
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