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

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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.

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Crime

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

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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.

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Crime

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

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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.

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