A special Terrorist and Disruptive Activities (Prevention) Act Court dismissed the plea of extradited gangster Abu Salem, who has asked for a stay order on all the proceedings against him.
A special Terrorist and Disruptive Activities (Prevention) Act Court dismissed the plea of extradited gangster Abu Salem, who has asked for a stay order on all the proceedings against him after the Portugal High Court revoked his extradition to India.
The court dismissed the plea, stating that it will amount to a “criminal wastage” of the court’s time. With the case having proceeded till such a length, it cannot be stayed.
Special Judge G Sanap, in his order, stated that as per the Supreme Court order, which has already decided the matter, set aside Salem’s contention and said that the trials can go on asd the law of Portugal is not applicable to Indian courts. Further it said that the Union Government has already appealed against the Portugal High court order in their Supreme Court.
Salem had submitted the Portugal high court order revoking his extradition to the special court and sought a stay on the 1993 bomb blast trial, which is underway. His advocates had argued, “The Portugal high court order was binding on the trial court and accordingly the trials should be stayed. The other trials against Salem will also have to be stayed in light of the order.”
Special Public Prosecutor P Arun of the CBI opposed the stay, saying that the government had moved the Portugal Supreme Court and trial could not be stayed. Salem was extradited from Portugal in November 2005.
The Portugal HC had recently revoked his extradition stating that there was a violation by the Indian government in the extradition treaty.
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