The Delhi High Court today rejected the plea by underworld don Abu Salem seeking a direction to a trial court to drop a case under stringent Maharashtra Control of Organized Crime Act (MCOCA) against him relating to alleged extortion.
The extradited don approached the High Court against the trial court's order dismissing the plea by the city police to drop charges under the stringent law saying the sessions judge has no power to reject the petition filed by prosecuting agency for withdrawl of charges under MCOCA against him.
Justice Kailash Gambhir, however, refused to grant any relief saying charges have not yet been framed against him.
"You can always challenge once the charges are framed against you and then you can plead that it is beyond the extradition treaty," Justice Gambhir said while asking the underworld don to file a revision petition against the order of the trial court.
Advocate Arvind Shukla, appearing for Salem, then pleaded the court allow him to withdraw the petition which was granted.
Seeking quashing of the August 21 order of the trial court, Salem had said the government has violated the terms and conditions with the government of Portugal while extraditing him in 2005.
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