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SC reserves verdict on gangster Abu Salem’s plea challenging life sentence

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The Supreme Court on Thursday reserved its order on a plea by gangster Abu Salem claiming that, as per the extradition treaty between India and Portugal, his jail terms cannot extend beyond 25 years.

Advocate Rishi Malhotra, representing Abu Salem, contended before a bench headed by Justice Sanjay Kishan Kaul that the assurance was given to the Portugal government by the Indian government, that Abu Salem will not be either awarded death penalty or punished beyond 25 years, but, he has been sentenced to life imprisonment after being convicted in Mumbai serial bomb blasts.

The bench, also comprising Justice M.M. Sundresh, observed that the courts are not bound by the assurance given by the government, however the government may practice its executive power.

Malhotra submitted that Abu Salem was in custody in Portugal since 2002, and he was arrested following a ‘Red Corner Notice’. He added that extradition process started in 2003 and went for almost 2 years — and in 2005, he was handed over to India.

At this, the bench queried the Central government as to what would be the starting point of Abu Salem’s detention.

Additional Solicitor General K.M. Nataraj, representing the Central government, said it will start by the time, when “we took him into custody and for the part of assurance, we’ll consider it but on the part of the judiciary, it can be decided independently”.

After hearing detailed arguments in the matter, the top court reserved its order on Salem’s plea.

On April 21, the Supreme Court had strongly objected to some statements made by the Union Home Secretary, in an affidavit on honouring assurance made to Portugal during Abu Salem’s extradition, saying the judiciary does not need “lecturing” from the Home Secretary in the matter.

Union Home Secretary Ajay Kumar Bhalla had told the court that the Indian government is bound by its assurance given to the Portugal government during the extradition of Abu Salem but the question of honouring its assurance will arise only when the period of 25 years is to expire.

“The government of India gave an assurance vide letter dated December 17, 2002, to the government of Portugal. This assurance is an executive assurance given by one country to other in the exercise of their executive functions.

“The period of 25 years which is mentioned in the assurance will be abided by the Union of India at an appropriate time subject to the remedies which may be available. The question of the Union of India honouring its assurance dated December 17, 2002, will arise only when the period of 25 years is to expire. This date is November 10, 2030,” he had said in the affidavit.

The affidavit said before this date, the convict cannot raise any arguments based on the assurance, therefore the contention of the petitioner about non-compliance of assurance is premature and based on hypothetical surmises and can never be raised in present proceedings.

“The government of India will abide by the said assurance….subject to the rights which may be available at that stage. The attempt of convict-appellant to club that assurance with merits of the present case is legally untenable as the appeals need to be decided in accordance with Section 19 of the TADA read with other provisions governing criminal procedure,” said the affidavit.

Crime

Mumbai Five members of Lawrence Bishnoi gang arrested, Mumbai Crime Branch gives a shock to Bishnoi gang

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Mumbai: Mumbai Crime Branch has claimed to have arrested five shooters of gangster Lawrence Bishnoi gang in a major operation. 5 revolvers and 21 live cartridges have been recovered from the possession of these shooters. Mumbai Police is also interrogating these shooters. Police arrested the attackers before they could execute the incident and averted the incident. Mumbai Crime Branch has arrested these five from Andheri area. They had come here with the intention of carrying out a major vandalism incident, but the police foiled the incident before that.

The arrested accused include Vikas Thakur, Samit Dilawar, Devendra Rupesh Saxena, Shreya Suresh Yadav, Vivek Gupta. Vikas Thakur is a resident of Versova Andheri, Samit Mukesh Kumar Dilawar is a resident of Sonipat, Haryana, Devendra Rupesh Saxena is a resident of Madhya Pradesh, Shreya Suresh Yadav is a resident of Jagdishpur, Bihar and Vivek Kumar Gupta is a resident of Rampur, Rajasthan.

Weapons have been recovered from their possession and the Crime Branch has registered a case against them under Section 3 and 25 of the BNS, Section 55 and 61 (2) and Maharashtra Police Act. The Crime Branch is investigating where the accused brought the weapons from.

After the shooting of Salman Khan, Lawrence Bishnoi gang is trying to become active in Mumbai, but due to the strict action of Mumbai Crime Branch, the back of the gang has been broken and now the Crime Branch has given a big blow to the Lawrence Bishnoi gang and arrested five of its members. The Crime Branch is further investigating the matter.

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Crime

Mumbai Malad Gudi Padwa violence: Three arrested, situation peaceful, police alert, DCP Asmita Hotel

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Mumbai: After the violence on Gudi Padwa in Malad, Mumbai, the situation is now peaceful here, but despite this, politics has also started on this issue and an attempt has been made to spread communal tension by giving it a Hindu-Muslim color. On the occasion of Gudi Padwa, a local youth attacked five minors passing in front of Noorani Mosque. In this case, the police has controlled the situation and so far three people have been arrested. A case of rioting has also been registered against them. The crowd is also being identified. The accused have been identified on the basis of CCTV and three people have been arrested. Along with this, after getting control of the situation, the police has put Malad on high alert and is also keeping an eye on communal elements.

Now communal elements have started trying to spoil the atmosphere in Mumbai, so the police is also keeping an eye on social media. Local DCP Smita Patil said that the situation in Malad Maloni is peaceful and action is being taken against the miscreants. Arrests are also continuing after examining CCTV footage and other footage.

So far three people have been arrested in this case, one of whom is Sharan, who attacked the minor. In this case, Vishwa Hindu Parishad Bajrang Dal has given an ultimatum to the police that if they do not arrest the accused as soon as possible, they will protest. In this case, the DCP has made tight security arrangements at all places and has also appealed not to pay attention to rumors and not to share unverified videos or controversial posts on social media. The police is on alert to maintain law and order in Mumbai and Mumbai Police Commissioner Vivek Panchalkar has issued strict instructions.

Sanjay Nirupam’s venomous attack on the violence on Gaddi Padwa

After the violence on Gudi Padwa, Sanjay Nirupam has made many serious allegations against the police, he has accused the police of delaying action and protecting the accused. He has questioned the action of Mumbai Police and said that the main accused Sharan and his mother do not allow Hindus to celebrate their festivals and their hooliganism continues here. Sanjay Nirupam has called Muslims Jihadis. Sanjay Nirupam said that the police took action when pressure was put on them.

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Crime

Kunal Kamra row: 3 more FIRs filed over Shinde jibe, merged with Mumbai case

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Mumbai, March 29: In fresh trouble for controversial comedian Kunal Kamra, three additional FIRs filed against him in different cities have been merged with the one registered in Mumbai’s Khar police station over his alleged jibe at Maharashtra Deputy Chief Minister Eknath Shinde.

The stand-up comedian courted controversy for cracking an allegedly objectionable joke during a show last month, using the term ‘gaddar’ (traitor) to make a veiled reference to Shinde.

The three zero FIRs that have been merged with the main case registered in Khar were filed in Thane, Nashik and Buldhana by Shiv Sena workers.

The three FIRs were filed by Sunil Jadhav from Nandgaon Manmad, Nashik; Sanjay Bhujbal from Jalgaon Jamod, Buldhana and Mayur Borse from Manmad, Nashik.

The complainants in the three FIRs said that the comedian allegedly created hatred between political parties by making ‘objectionable’ remarks against Shinde. They also alleged that Kamra’s remarks defamed Shinde’s ‘conduct’.

The three FIRs were registered under penal provisions of the Bharatiya Nyaya Sanhita dealing with defamation and public mischief.

Kamra, who has been granted protection against arrest till April 7 by the Madras High Court, has been summoned by Khar police for recording his statement on Monday – this will be the third police attempt to call him as he has not responded to two earlier requests.

Deputy Commissioner of Police, Zone 9 (Mumbai), Dixit Gedam said two offences have been registered at Khar police station.

One is against Kamra for derogatory comments, while the other is against people who vandalised the Unicontinental hotel in Khar where the shoot of his stand-up comedy act titled ‘Naya Bharat’ took place.

Kamra landed in trouble after giving a comic spin-off to a popular Hindi song in which he indirectly described Shinde as a ‘traitor’, referring to the 2022 Maharashtra political crisis which eventually led to the collapse of the Uddhav Thackeray-led state government.

The controversy snowballed after Kamra uploaded a clip from the show on social media last Saturday. Angry Shiv Saniks vandalised the hotel, resulting in the arrest and the subsequent granting of bail to 12 Shinde supporters.

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