The Portugal high court had last month ordered extradition of the underworld don to face trial in the serial blasts that rocked Mumbai in 1993.
Observing that the order of Portugal court terminating the extradition of Abu Salem to India has to be respected, the Supreme Court on Friday stayed the Terrorist and Disruptive Activities (Prevention) Act proceedings in two cases against the alleged gangster.
If charges warrant the death penalty, should the government stick to its undertaking or should he be given the death penalty?
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Hearing an application filed by Salem in which the gangster sought to be recalled claiming that the extradition conditions are being violated, Portugal's apex court said that his claims are yet to be ascertained. It, however, gave a clear warning to India that future requests will not be entertained easily if Salem's claim of violation of the conditions is found to be true.
A CBI officer is leaving for Lisbon to file India's request with the Portuguese authorities.
Life behind bars has not dimmed underworld don Abu Salem's attraction towards actress and former lover Monia Bedi as once again he publicly said that she was his wife, a claim which has been refuted by her on several occasions.
The Portugal high court has ordered revocation of the extradition of underworld don Abu Salem accusing Indian probe 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 1993 Mumbai blasts.
The judge ordered that he be produced in court on December nine in connection with the 1993 Mumbai serial bomb blast.
Salem had pleaded that he should be tried along with Sanjay and others while Central Bureau of Investigation argued that the trial should be separate.
Additional Sessions Judge Ravinder Kaur directed the Arthur Road Jail authorities to ensure Salem's presence on August 21.
"Salem was attacked by Mustafa Dossa with a sharp object. He was injured and doctors are treating him inside the jail. A police team is at the spot," Vasant Tajane, Senior Inspector at N M Joshi Marg police station, told PTI.
Special Public Prosecutor Ujjwal Nikam had initially demanded the death penalty
The counsel for Abu Salem contended that at the time of his extradition the Portugal government had mentioned that he would not be prosecuted under MCOCA.
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Two other accused in the case, Mohammed Naeem Abdul Rahim Khan and Riyaz Siddique, have turned approvers.
The city police probing the assassination attempt on Abu Salem claimed on Thursday that arrested gunman Devendra Jagtap was ordered to kill the extradited gangster in the last week of April by Chhota Shakeel, a close aide of underworld don Dawood Ibrahim.
India on Monday assured Portugal that it would remain compliant with the expectations of the Portuguese system and judiciary on the issue of gangster Abu Salem.
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A day after gangster Abu Salem was shot at in Taloja jail, four security personnel were suspended on Friday pending a high-level probe even as his lawyer is planning to move Portuguese authorities for his repatriation. An attempt to murder case was also registered against his assailant Devendra Jagtap alias JD.
The prosecutor placed on record Salem's consent to undergo the tests.
Salem's counsel Ashok Sarogi told PTI on Thursday that he had formed Rashtriya Samajwadi Party through which his client could contest the UP state elections in 2007.
Salem has also said that though he was involved in transportation of these weapons, initially he had no idea that he was transporting weapons.
Salem's confession describes the role played by Qayoom and Bilakhiya in arms distribution in furtherance to the 1993 bomb blast conspiracy, CBI said.
Relations between Sumaira and Salem soured after starlet Monica Bedi stepped into the latter's life.
CBI sources believe that more than Monica, it was Samira who holds keys to several intricate details about Salem.
Salem has accepted that his role was that of supplier of arms and ammunition.
In a significant ruling, the Supreme Court on Friday said that underworld don Abu Salem can be tried for offences inviting death penalty even though the Portugal government had laid a pre-condition that he will not be extradited if he was to be awarded capital punishment.
The charges are against Salem for his alleged role in supplying arms to the co-accused in the 1993 Mumbai serial bomb blast case.
Former Indian cricket captain Mohammed Azharuddin was on the hit list of gangster Abu Salem, Mumbai police sources said on Wednesday, although they were not sure what made Salem target the Hyderabad-based cricketer.
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He alleged that the ATS officials used a leather belt to torture him.
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.