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.
"Charging him under MCOCA was breach of extradition conditions. That's why the government will have to drop MCOCA charges," said his lawyer Sudeep Pasbola. The trial in the case is yet to begin.
The government told Portugal on December 12 that the gangster would not be given capital punishment if he were extradited to India.
The designated TADA court gave permission to Abu Lais to meet his brother and extradited gangster Abu Salem.
Salem, who was extradited from Portugal in 2005, is accused of delivering an AK-56 rifle at the residence of Sanjay Dutt and various other weapons to co-accused. Siddiqui and Ansari, too, are accused of delivering weapons at different places. CBI had recorded Salem's statement, in which he had confessed to the crime. Also, Sanjay Dutt and other convicts had named him and his associates for the role that they had played in the blasts.
Maharashtra government Friday ordered a high-level probe into the attack on gangster Abu Salem inside Taloja Central Jail in Navi Mumbai with Maharashtra Home Minister R R Patil saying officials responsible for the lapse will face action.
The Anti-Terrorism Squad has said they need time to find out who the other assailants of Pradeep Jain were.
Italian marines Massimiliano Lattore and Salvatore Girone have got a deal similar to that of the gangster Abu Salem, which ensures that they won't get the death penalty. Sheela Bhatt reports on how a diplomatic stand-off was averted.
A Delhi court on Thursday issued a fresh production warrant against underworld don Abu Salem in a five-year-old extortion case. The magistrate directed jail authorities in Mumbai to produce the gangster on Oct 15.
The special cell of Delhi Police had registered a case of extortion and criminal intimidation against Salem and his alleged associates, Ishtiyaq Ahmed and Chander Prakash, in 2002.
The CBI, while seeking custody of extradited gangster Abu Salem on Thursday, told the designated TADA court about Siddiqui's visit to Gujarat and how the arms reached the conspirators.
The CBI Tuesday filed charges in the special court against Monica Bedi, companion of extradited gangster Abu Salem, alleging criminal conspriacy in the fake passport case.
Monica Bedi's judicial remand extended till Jan 2
Portugal's Ministry of Justice, after considering request of India, had ordered extradition of Salem subject to conditions that he will be tried only in eight cases and that too on specific charges.
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.
Another accused Riyaz Siddiqui was sentenced for 10 years
The court had earlier issued production warrants at three occasions against Salem but a Mumbai court had stayed his production here on his lawyer's plea on security grounds.
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.
A CBI officer is leaving for Lisbon to file India's request with the Portuguese authorities.
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.
The court also asked extradited gangster Abu Salem's to move the Supreme Court against the separation of the his case from the 1993 Mumbai blasts case.
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.
Earlier, CBI had arrested Salem soon after his extradition on November 11 in the 1993 bomb blast case.
A Delhi court on Monday issued a fresh production warrant against underworld don Abu Salem after the Mumbai Police failed yet again to produce him in a five-year-old extortion case. Metropolitan Magistrate Sandeep Yadav directed the Arthur Road jail authorities in Mumbai to produce the extradited gangster before the court on November 21.
Screenings of Maine Pyar Kyun Kiya held up in parts of Maharashtra, Madhya Pradesh.
The police on Monday recorded the statement of former Crime Branch Deputy Commissioner of Police Pradeep\nSawant in connection with the controversial Salman Khan-Aishwarya Rai audio tape case.
Salem had said his sentence could not exceed 25 years as per a solemn assurance given by India to Portugal for his extradition in 2002.
The agency pleaded that Qayoom and Bilakhiya were suspected to be hiding in a foreign country and urged the court to issue the warrants to apprehend them and bring them to India to face trial in the case.
CBI sources said the gangster's remand was to end on Tuesday.
Thirty other accused, lodged in central prison, were, however, produced before the court.
The Supreme Court on Monday relaxed the bail conditions that she should surrender her passport to facilitate her release on bail.
The court directed that her passport issued by the Regional Passport Office, Mumbai, be cancelled and the Special Cental Bureau of Investigation judge in Hyderabad will consider the order while releasing her on bail.
