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Delhi HC to hear plea on dropping of MCOCA against Salem on March 29

Salem's extradition was terminated recently by the Portuguese Supreme Court on the ground of alleged violation of extradition terms by India.

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The Delhi High Court will hear on March 29 a Delhi police plea for dropping stringent MCOCA charges against gangster Abu Salem whose extradition was terminated recently by the Portuguese Supreme Court on the ground of alleged violation of extradition terms by India.

Justice Sudarshan Kumar Mishra slated for hearing on March 29 Delhi police petitions, declining a government counsel's request that the matter be heard as the last item in detail today itself as Additional Solicitor General Haren Raval would argue the case.

"The case be listed for hearing on March 29," the court said after the counsel for Delhi police contended it was an important matter which would be argued by the ASG.

Earlier, Justice Mukta Gupta had recused herself from hearing the petitions saying she had once appeared as a lawyer in a connected case against Salem.

The ASG had told Justice Gupta that the extradition of Salem was in jeopardy and CBI was planning to approach the Constitutional Court of Portugal against the decision of the Supreme Court of that country which had upheld the verdict terminating Salem's extradition to India.

Delhi police is seeking withdrawal of charges under the Maharashtra Control of Organised Crime Act (MCOCA) against Salem.

Portugal's Supreme Court had on January 14 upheld an order of Court of Appeal in Lisbon which, on Salem's petition, had cancelled his extradition holding that by slapping new charges under MCOCA, which attracted death penalty, there was breach of deportation rules and Rule of Speciality.

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