Don flushed out, ego crushed

"The ego of Salem was deeply hurt and crashed and as a result of the same, Jain was murdered on March 7, 1995", held the special Terrorist and Disruptive Avtivities (Preventive) (TADA) court, while convicting underworld don Abu Salem in for hatching a conspiracy and murdering Pradeep Jain in the year 1995. The court presided over by judge Govind Sanap also convicted accused Mehendi Hasan and V K Jhamb for entering into the conspiracy and acting as an aide of Salem in eliminating the builder.

Salem and Hasan were behind bars from the time of their arrests, while Jhamb was on bail. Jhamb (85) was brought before the court on a wheel chair and was accompanied by his daughter in the court. The court while pronouncing the verdict claimed that the prosecution was succesful in proving all sections against the three accused.

The court also relied on the confessional statement given by one of the accused turned approver, who had described how the entire conspiracy was hatched. The court has also relied on the statements recorded by accused Salem and Mehendi. "In my opinion there is no hurdle to use the confession of accused Salem and Mehendi recorded under TADA act being substantive piece of evidence of the approver. The evidence adduced by the prosecution in this case is concrete, cogent and reliable evidence," held the court.

The court further while passing the orders described the role of each of the accused which the prosecution was successful in proving. "In this case the prosecution has proved that the conspiracy was hatched in Dubai in October/November 1995 by Salem, the approver , Mehandi, Anees Kaskar(wanted accused) and Saukat Mistry(wanted accused). The accused had tried to pressurize and force Jain brothers, partners of Kamla Construction company, to surrender their rights over the Kol Dongri property at Andheri Mumbai, since the property was in favor of some other builder, who would have earned huge profit by striking a deal with other builder. However since Jain did not succumb to the threats, Salem accordingly suitably molded his plan and stuck a deal with Jain brothers to pay him Rs one crore. Jain's somehow were successful in paying the first installment of Rs 10 lakhs, but could not manage to pay the remaining amount due to their financial crises. Thus a hench man of Salem on March 7, 1995, pumped 17 bullets in the body of Pradeep Jain, while his brother Sunil Jain sustained injury on his arm,"held the court in its orders.

The court further said that Salem along with Hasan managed to get the sophisticated fire arms and same was used to eliminated Jain. "The C A Reports claimed that there was a usage of sophisticated weapon in the killing. The said act was committed with an intention to strike terror in the minds of Jain brothers and builder community. For the purpose of striking terror, sophisticated firearms were used. Salem and Mehandi pursuant to the object of conspiracy knowingly facilitated the commission of terrorist act and all other preparatory to the terrorist act. Thus proving the TADA charges against Mehandi and Salem." the court maintained.

The court also held Mehendi guilty of house trespassing as they had entered in Jain's house with an intention to eleminate Jain. Thus he was also found guilty with charges of house trespassing.

While while describing the role of Jhamb, the third accused in the case, maintained, "After Salem extended threats to Jain; Salem, Jhamb and Mehendi forced the Jain brothers to hand over three flats from Mamta society in lieu of ransom amount. The prosecution has proved that the act was done pursuant to the criminal conspiracy. The conspiracy was put to its logical end after sale of those three flats and on receipt of the ransom amount by accused Salem in Dubai through Hawala,. In this case prosecution has proved that Jhamb boarded the train of conspiracy and shared the concert and common object of conspiracy. Prosecution could prove that Jhamb in order to fulfill the object of conspiracy took active part in the sale of three flats."

The court after passing the orders, held that the quantum of punishment in the case would be argued on Tuesday and accordingly the court would then decide on the sentencing.

When asked the special public prosecutor what message he would like to pass on the conviction of the underworld don, Nikam said, "This is historical judgment and it has given strong jolt to the gang because it is now judicially proved that Anees Abrahim and Salem hatched conspiracy to murder Jain and to demand ransom. The court has held Salem as terrorist and Anees Abrahim is wanted accused in case. Abrahim had already declared terrorist by USA and this judgment would send a strong message to these extortionist who extort money from business community."