New Delhi, Oct 13 (Inditop.com) Underworld gangster Abu Salem Tuesday approached the Delhi High Court seeking to upturn the lower court’s rejection of Delhi Police’s plea to drop charges against him under the stringent Maharashtra Control of Organised Crimes Act (MCOCA) in a 2002 extortion case.
In his petition through his counsel Arvind Shukla, Salem contended that he can only be charged under those sections that are in the extradition order.
“We have mainly relied on the extradition order in which it was clearly stated that Salem cannot be charged with any other charges except those mentioned in the treaty between India and Portugal,” Shukla said in his petition.
The court is likely to hear his plea next week.
A city court in August this year dismissed Delhi Police’s plea to drop charges under the MCOCA against Salem.
Additional Sessions Judge Pinki in her order in August said: “Laxity in the extradition efforts would only increase the offender’s appetite to commit crimes with impunity by fleeing to a foreign territory where he cannot be touched except though extradition.”
“Extradition is practiced among nations for two reasons, firstly to warn criminals that they cannot escape punishment, and secondly, it is in the interest of territorial states that a criminal who has fled from another territory should not be left free because he may again commit a crime and run away from the other state,” she added.
Meanwhile, Salem had also approached Portugal’s Supreme Court with a complaint that India was violating the extradition treaty by invoking the stringent MCOCA to frame charges against him.
The central government had asked Delhi Police to approach the city court for dropping the MCOCA charges after Salem moved the Portuguese apex court alleging that Indian authorities were contravening the extradition terms.
Salem, extradited from Portugal in 2005, was booked under the MCOCA for allegedly making extortion calls to Delhi-based businessman Ashok Gupta in 2002, demanding Rs.50 million.
