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

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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

Mira-Bhayandar: Police Busts Illicit Liquor Brewing Den In Nallasopara

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Mira Bhayandar: Further tightening their screws against illicit liquor mafia ahead of the assembly elections scheduled to be held on 20, November, the Mira Road-based central crime branch unit attached to the Mira Bhayandar-Vasai (MBVV) police busted yet another massive illicit liquor brewing unit which was operating from a hillock in a dense jungle area in Nallasopara on Thursday.

Acting on a tip-off, a team led by assistant police inspector- Dattatray Sarak marched 2-kilometre-deep inside the jungle area located in the Dhaniv Baug area of Nallasopara (east) at around 8 am.

The team seized multiple barrels of hooch along with ingredients including 2,800 litres of fermented jaggery wash, 140 litres of liquor, chemicals and other manufacturing equipment collectively worth more than Rs. 1.42 lakh.

However, the den operator identified as- Prabhakar Bhoye and his employees managed to evade the police dragnet. The entire material and equipment were destroyed on the spot.

An offence under the relevant sections of the Maharashtra Prohibition Act-1949 for construction/works of any distillery or brewery and manufacturing intoxicants has been registered in this context at the Pelhar police station.

The consumption of illicit liquor which is unscientifically manufactured by using toxic chemicals like methanol and rectified spirit can cause deaths and other serious ailments including loss of eyesight. Further investigations were underway.

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Crime

Wildlife Smuggling Racket Busted: Rare Snakes, Reptiles, Caged Orangutan Rescued From Dombivli House

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Thane: In a significant operation exposing a wildlife smuggling racket, the Forest Officials rescued rare species of animals from a highrise in Dombivli. The officials raided an apartment in Palava City, Dombivli and found exotic animals including lizard, turtles, rare species snakes and other reptiles stored in the flat. Horrifying enough, the team found a monkey caged in the washroom of the apartment.

It was later confirmed that the rescued animals included Ignuana (lizard), an Orangutan and python. The operation was conducted by the Forest Range Officers from Thane and Kalyan along with a team from Manpada Police Station after a tip.

The officials did not find any accused present in the apartment at the time of the raid. A case under the Wildlife Protection Act 1972 has been registered and a search for the accused is underway. Meanwhile, the seized species are handed over to a local NGO on a temporary basis for observation.

The video of the forest officials raid surfaced on the internet shows a boy opening the door of the well-kept apartment. After entering the flat, the officials gradually come across wildlife species stores in small cage, plastic boxes piled up in the passage and shocking enough an Orangutan in washroom at the end of the apartment.

As per the statement issued by the police, the teams raided the 8th floor apartment in B wing of Savarna Building in Palava City, Dombivli. In the action, the exotic animals seized as prima facie identified as python, ignuana (lizard), turtle, snake etc. The seized wildlife species, on temporary basis, are handed over to Birsa Munda- a local NGO. The pachanama, documentation and search for the accused is underway, it added.

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Crime

Mumbai: Unidentified Body Of Man Chopped Into 7 Pieces Stuffed In Plastic Boxes Found Near Gorai Beach; Probe On

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Mumbai: The dismembered body of a man, estimated to be between 25 and 40 years old, was discovered in several plastic boxes on the side road which goes to Gorai Beach in Mumbai on Sunday.

Upon receiving the information, police arrived at the scene and took the body into custody. It was later sent for a post-mortem examination. The body has not yet been identified, and a case has been registered.

According to police, on Sunday, a male body was found near Picxy Hotel, Babar Pada, Gorai, Borivali West. The body was cut into seven parts and packed in four plastic boxes. The deceased, believed to be between 25 and 40 years old, was wearing dark blue jeans and black shoes. His right hand bore tattoos.

A resident named Santosh Shinde, 55, from Mira Road, informed the Gorai police after learning about the incident. The Gorai police recovered the body from Shefali village in the Babarpada area.

A forensic team is currently investigating the case, and inquiries are ongoing in the vicinity of the incident location. Police have stated that the recovered body remains unidentified. The Gorai police have registered a case, and further investigation is underway.

A special team has been formed to investigate, and information is being gathered from CCTV footage and nearby police stations to assist in identifying the body.

A police officer said that the body was sent to Bhagwati Hospital for a post-mortem. “We can’t conclude anything immediately, as we are still investigating the matter,” the officer said.

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