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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

UP Shocker: Mother Of 5 Children Dies After Beaten Up By 24-Year-Old Lover Over Breakup In Noida

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A mother of five children died after her 24-year-old allegedly beaten her up following a heated argument over breakup on Monday in Noida. According to reports, the victim has been identified as Neeraj. The police registered a case of culpable homicide not amounting to murder and arrested the accused boyfriend.

According to police, woman’s husband Satish, originally a resident of village Hathni Gud in Badaun district, works in a private company. He lives on rent in a house located in Mamura village with his wife Neeraj and five children. Neeraj had an extramarital affair with Arjun, a resident of village Sahpur in Shahjahanpur district who lived in the neighbourhood, for the past three years.

Arjun worked as a housekeeper in a private company located in Sector-59. Husband Satish was unaware of their affair. Neeraj went to meet Arjun in his room in the neighbourhood on Monday evening around 6 PM. Here, a fight broke out between the two about breakup. After the argument, Arjun physically assaulted Neeraj. During this, Neeraj became unconscious and fell to the ground.

Panicked Arjun rushed her to a nearby hospital, from where the woman was referred to Kailash Hospital. Seeing no improvement in her condition, the woman was referred to the district hospital, where doctors declared her dead.

After being alerted, police arrived and sent the body for the post-mortem. They also took boyfriend Arjun into custody. Family members allege that Arjun murdered Neeraj by strangulation.

According to police, the woman had married Satish about 13 years ago. The couple has five children. To educate the children, Satish brought Neeraj from his ancestral village to Noida about five years ago. While living in lane number eight, Neeraj became friends with Arjun, who lived in the neighbourhood. Gradually, the friendship between the two turned into a love affair. Arjun is 24 years old and unmarried.

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Crime

Mumbai Shocker: Stepfather Arrested For Murder Of Missing 4-Year-Old Girl From Antop Hill; Body Found In Colaba

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Mumbai: In a chilling turn of events, the Mumbai Police on Tuesday arrested Imran Shaikh, the stepfather of four-year-old Amaira Shaikh, in connection with her murder. The child had gone missing from her residence in Antop Hill on the night of July 14 and her body was recovered from the Colaba sea coast the next morning.

Police Suspected Stepfather Over Girl’s Disappearance

Amaira was reported missing by her mother, Nazia, who had gone to the Antop Hill police station to lodge a complaint. However, as the investigation progressed, suspicion grew around Imran’s role in the child’s disappearance. Imran, also known as Immu, had taken Amaira with him the night she went missing and had been unreachable since, with his phone switched off.

Body Found Near Sassoon Dock

Amaira lived with her mother and stepfather in the Bengali Pura area of Rajiv Nagar in Antop Hill. Nazia, who has been previously married twice, was currently in her third marriage with Imran. On the night of July 14, after failing to locate Amaira despite searching extensively, Nazia approached the police. The next morning, Colaba police received an alert about a child’s body found floating near Sassoon Dock. The body, later confirmed to be Amaira’s, was sent to St. George Hospital for a post-mortem examination.

Initially, the Antop Hill police registered an Accidental Death Report (ADR), but with Imran absconding, suspicions deepened. Using physical identifiers from the missing person’s report, Colaba police confirmed the identity of the deceased. Cops now believe that Amaira may have been murdered and her body dumped into the sea.

Following this development, police intensified efforts to trace Imran. After going off the radar briefly, he was arrested on Tuesday. Authorities are now focusing on uncovering the motive behind the brutal crime and piecing together the exact sequence of events leading to the child’s death.

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Crime

‘Kicked, Punched’: Father-Son Duo Thrash Traffic Cops In Nallasopara After Being Asked For Driving Licence

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In a shocking incident on Monday morning, a father-son duo in Nallasopara East allegedly assaulted two traffic policemen in broad daylight after being stopped for driving without a valid license. The entire incident, which took place around 10 am near Sitara Bakery in Nagindas Pada, was caught on mobile cameras by bystanders.

According to the police, the boy was stopped during a routine check for not carrying a valid driver’s license. When questioned by constables Hanumant Sangle and Sheshnarayan Aathre, he reportedly called his father to the scene. The situation escalated quickly, with both the father and son allegedly verbally abusing and physically assaulting the two officers with kicks and fists.

The attackers have been identified as Mangesh Narkar and Parth Narkar, both residents of Nallasopara. Eyewitness footage shows the duo manhandling the police personnel in full public view, drawing strong reactions on social media.

The Tulinj Police are currently investigating the case. An FIR is expected to be registered under relevant sections of the Indian Penal Code, including assault on public servants and obstruction of duty. Officials confirmed that a legal process is underway and the footage is being reviewed as part of the probe.

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