Underworld don Babloo Srivastav, who is in jail since 1995 after being brought from Singapore, has moved the Supreme Court seeking a direction to all DGPs that he be tried in only those cases which were part of his extradition terms. Srivastav, who was initially extradited to face trials in four criminal cases, was made an accused in 20 such matters, the plea said.
During the brief hearing, a bench of justices J S Kehar and C Nagappan said "if you have committed crimes, then you will have to face the trial. If you had consented to the extradition then, you cannot challenge the same now." The court then adjourned the hearing for tomorrow. "Issue a writ of mandamus and thereby direct the respondent no.1 (Centre) to ensure through the DGP of all states that no coercive action is taken against the petitioner in any case until and unless the charge sheet is filed and the magistrate records the reason to take action against the petitioner till the time the petitioner is given an opportunity of status quo ante (the way things were before)," the plea said.
Srivastava, alleged former aide of fugitive underworld Don of Dawood Ibrahim, was apprehended in Singapore in April 1995, pursuant to a red corner notice issued by India through the Interpol. He claimed the extradition terms said that he would be facing trial in four cases only including the murder of Assistant Customs Collector L D Arora in 1993 at the instance of Dawood whose consignments of arms and ammunitions were seized by the officer at Mumbai port.
Srivastav has been convicted and is now serving life term in the case. The plea said section 21 of the Extradition Act and an apex court verdict provides that an accused can be tried for those offences only which were part of the agreement.
Srivastava is currently lodged in Central Jail, Bareilly, UP.