Connect with us
Wednesday,06-November-2024
Breaking News

Crime

‘Not maintainable’: Delhi HC on Abu Salem’s habeas corpus plea

Published

on

The Delhi High Court on Monday said that the habeas corpus petition of extradited gangster Abu Salem claiming that his detention was illegal is not maintainable.

Abu Salem, currently serving life imprisonment for his role in the 1993 Mumbai serial blasts case, was seeking his repatriation to Portugal in view of conventions governing the field and the treaty conditions.

A bench of Justice Sidharth Mridul and Justice A.K. Mendiratta said: “The petition is not maintainable as the habeas corpus doesn’t lie against an order of conviction.”

The court said Abu Salem was awarded a sentence by a competent court and said the habeas corpus petition can either be dismissed or the petitioner can withdraw it.

The court posted the plea for May, following the request of Abu Salem’s counsel, who sought time to take instructions to withdraw it.

On March 8, the Supreme Court had asked the Union Home Secretary to file an affidavit, whether the Centre is committed to adhering to the assurance given by the then Deputy Prime Minister L.K. Advani to Portuguese authorities, to not incarcerate gangster Abu Salem for more than 25 years while seeking his extradition.

The bench emphasised that not abiding by the assurance made to the Portugal authorities, could have wider ramifications and it may create problems while seeking the extradition of fugitives from other countries.

It had said it is not happy with the CBI’s reply in the matter and sought a response from the Home Secretary in three weeks.

The CBI, in its affidavit, had told the top court that an Indian court is not bound by the assurance given in 2002 by the then Deputy Prime Minister to the courts in Portugal that the gangster would not be imprisoned beyond 25 years after his extradition to India.

“The solemn sovereign assurance given by the then Deputy Prime Minister of India cannot be construed as a guarantee/ undertaking to assure that no court in India would award the punishment provided by Indian laws in force to the accused Abu Salem,” it said, adding that Abu Salem’s argument that imprisonment term cannot extend 25 years as per the assurance given is legally unsustainable.

Abu Salem had cited these assurances given by the Indian authorities before the courts in Portugal in 2002 and 2005 that he will not get death penalty or a jail term beyond 25 years. He was brought to India in 2005 and sentenced to life imprisonment for his role in the 1993 Mumbai blasts.

Advocate Rishi Malhotra, representing Abu Salem, argued before the bench that as per the principle of reciprocity in Portugal, the courts cannot award a sentence for more than 25 years. He added that based on the principle, the Indian government had given a solemn sovereign assurance to the Portugal courts that in case Salem is permitted to be extradited back to India, he will not be given punishment for more than 25 years.

Crime

Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

Published

on

Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

Mumbai: A 22-year-old was murdered in the early hours of Friday in Mumbai’s Sion Koliwada area after an argument broke out over noise pollution. The Antop Hill police have registered an FIR in the case and so far five people have been arrested and further investigation is underway.

The incident took place around 12:30 am in Kokri Agar In Jai Maharashtra Nagar, Antop Hill. Vivek Gupta (22) was attacked with a knife and he succumbed to his injuries. As initial information available, a group of people were making noise causing disturbance on the street which lead to an argument broke out. Gupta had gone to resolve the dispute between the accused, however, angered over his interference, Gupta was attacked.

What started as a small fight soon escalated and Gupta was attacked with a knife. He was immediately taken to Sion Hospital, however, he succumbed to his injuries. He was pronounced dead at 3:30 am. The senior police officers of Mumbai Police Zone 4 were present at the hospital. The cops have so far arrested five suspects connected to this incident, and further investigation is underway.

The arrested accused are: Karthik R Mohan Devendra, Karthik Kumar Devendra, Vicky Muttu Devendra, Miniappan Ravi Devendra and the wife of Karthik R Mogan, the police informed. The case is registered under the relevant sections of the Bharatiya Nyay Sanhita.

Continue Reading

Crime

Mumbai: 6 Booked For Defrauding Stock Trader Of ₹1.5 Cr In Bitcoin Investment Scam

Published

on

Mumbai: The Bandra police have registered an FIR against six persons for allegedly defrauding a stock trader of nearly Rs 1.50 crore in a Bitcoin investment scam. The suspects fled even before the case was filed, prompting a manhunt. They have been identified as Abur Sode, Dhanjibhai Rawaria, Jishan Shaikh, Indrajit Latif, Abdul Latif, and Ramkumar Dharmak, all from Mumbai and Navi Mumbai.

The complainant in the case, Yogesh More, 50, is a resident of Parel and operates a stock trading business in the Marwari area in Bandra West. He met the accused three years ago, during which they introduced themselves as representatives of a company called Friptex Finsol, claiming to offer Bitcoin as a virtual currency.

Trusting them, More transferred around Rs42 lakh in cash and Rs1.08 crore via cheque to various bank accounts associated with the company for Bitcoin purchases between November 2021 and October 2024. Despite these payments, he did not receive the promised Bitcoins, and after multiple inquiries, the accused continued to evade him. Over the last three years, neither the Bitcoins nor a refund was provided.

Complaint Lodged At Bandra Police Station

Suspecting fraud, he began investigating and discovered that Friptex Finsol was a bogus company, and the accused had orchestrated a scam. He then lodged a complaint with the Bandra police. Following an initial inquiry, the police registered a case against six persons under sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention) of the Bharatiya Nyaya Sanhita.

A police officer said that the accused are from Mumbai and Navi Mumbai. “The preliminary inquiry has not revealed any past criminal history. We are searching for the accused,” the officer added.

Continue Reading

Crime

West Bengal: Youth Arrested For Rape Of Deaf & Mute Woman In South 24 Parganas’ Kultali

Published

on

Kolkata: A youth was arrested on the charges of raping a deaf and mute woman at a deserted building in Kultali in South 24 Parganas district of West Bengal.

Even as the main accused in the case has been arrested, the local people had been agitating claiming that a local Trinamool Congress panchayat chief Prahlad Nashkar allegedly pressurised family members of the victim to settle the matter against Rs 2,00,000.

However, Nashkar has denied the allegations, saying he was the first to reach the spot and inform the family members of the victim about the incident.

Complaint Filed

The victim’s family members filed a complaint on Wednesday evening. Thereafter, the police started an investigation and based on circumstantial evidence, the accused youth was arrested.

He will be presented at a district court in South 24 Parganas on Thursday only and the public prosecutor will seek his police custody, a district police official said.

Part Of Kultali & Jaynagar Turn Into Virtual Battlefields

In the first week of this month, part of Kultali and adjacent Jaynagar turned into virtual battlefields over violent protests by the local people over the rape and murder of a minor girl there.

At that point in time, the main allegation of the local people was against the police and the latter ignored the missing complaint by the parents of the victim. The local people also alleged that had the police been active in tracking the victim minor, the heinous crime could have been averted.

The protesters became violent and attacked the police station. A local police camp was ransacked and set on fire. The police had to resort to massive lathi-charge to dispel the mob then.

Continue Reading
Advertisement
Advertisement

Trending