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Salem may find the going easy

Much like Monica Bedi, who was acquitted in a passport forgery case, gangster Abu Salem may find the going easy when the trial commences

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Much like his live-in companion Monica Bedi, who was acquitted by a Bhopal court on Monday in a passport forgery case, underworld gangster Abu Salem may find the going easy when the trial commences in any of the eight criminal cases registered against him in India since the confessional statements of the other co-accused already convicted in the blasts and other cases will not be allowed as evidence against him in his trial.

Confirming this, former public prosecutor for Greater Mumbai region Rohini Salian said, “As far as the 1993 blasts case is concerned, Salem’s trial was separated from the trial of the other accused. Section 15 of the Terrorist and Disruptive Activities Act, under which the case was tried, is clear that the confessional statement of Salem and other co-accused, which is a substantial piece of evidence can only be used if they are all charged and tried together in the same trial. Even the Supreme Court has in several
instances settled this law.”

The separation of trial also benefited filmstar Sanjay Dutt against whom Salem’s confessional statement had several details and averments regarding the weapons that were delivered to the star’s home. Apart from the blasts case, even in the Ajit Dewani (who was secretary of actor Manisha Koirala and Aftab Shivdasani) and Pradeep Jain (a city-based developer) case where a trial court has been conducting hearings against other Salem henchmen for the past six years, the use of evidence against Salem may be limited despite the cases being clubbed together.

His counsel Mohammad Rashid Ansari said, “On Wednesday, the Bombay High Court has stayed the trial in the Ajit Dewani murder case that was ongoing against the other co-accused for the past six years. The trial court judge Abhay Thipsay had separated the trial excluding Salem from it as several hearings had already been concluded over the years and the accused have been in jail all this time under the provisions of the MCOCA.”

Ansari said the HC had issued a stay on the trial following an appeal filed by Salem’s lawyers who have pointed out that the extradition of their client from Portugal was conditionally facilitated and it specifically did not permit Salem to be tried in any case under MCOCA in the eight cases registered against him. Salem is also being tried in an extortion case and a murder conspiracy filed in New Delhi as well as two passport forgery cases.
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