Salem case now on April 16

Special TADA Judge PV Bavkar on Monday adjourned the Pradeep Jain murder case to April 16, when charges will be framed against gangster Abu Salem, his driver Mohamed Hasan Mehndi, and builder Virendrakumar Jhamb.

The court will decide Salem’s contention that he cannot be charged with offences other than those permitted by the extradition order of the Portugese courts.

On Monday, prosecutor Ujwal Nikam argued that the Indian law governing extradition, as well as the Portugese order permitted charging a man with a lesser offence than that for which he was extradited.

Nikam argued, “Salem was extradited for murder and terrorism. ‘Conspiracy’ is a lesser offence than the actual crime, therefore, the charge under section 120B can be framed against him.” Nikam argued that Portugal had permitted India to try Salem for possession of arms under TADA, and a charge for possession of and transporting explosives under Explosive Substances Act and Explosives Act 1884 would be a mere extension of that permission.

Ashok Sarogi, Salem’s advocate refuted the argument saying that despite a request from India to try Salem for these offences, Portugal had struck down the charges.