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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

‘Rise against your govt, army for encouraging terrorism,’ Sunni cleric’s appeal to Pakistanis

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Lucknow, April 24: In a strong condemnation of the Pahalgam terror attack, senior Sunni cleric and Imam of Aishbagh Eidgah, Maulana Khalid Rashid Firangi Mahali, on Thursday called on the people of Pakistan to rise against their government and military for facilitating acts of terror on Indian soil.

The remarks come after 26 people, most of them tourists, were gunned down in a brutal targeted terror attack in Jammu and Kashmir’s Baisaran Valley near Pahalgam on Tuesday.

The Resistance Front, a Pakistan-based terror outfit and offshoot of the proscribed Lashkar-e-Taiba, is suspected to be behind the massacre.

Speaking to Media, Firangi Mahali said, “The people of Pakistan should understand that no one will support such activities. They should raise their voices against their own government and army, which are encouraging these acts of terrorism.”

The Cabinet Committee on Security (CCS), led by Prime Minister Narendra Modi, announced a series of stringent measures in response to the attack.

These include the suspension of the Indus Waters Treaty, closure of the Attari-Wagah border, cancellation of the SAARC Visa Exemption Scheme (SVES) for Pakistani nationals, expulsion of Pakistan’s military attaches from New Delhi and a reduction in diplomatic staff at both High Commissions.

Calling these actions “necessary and timely,” Firangi Mahali stated, “The horrific incident of terrorism in Pahalgam has been condemned in the harshest terms. This tragic event has shaken the entire country. The steps taken by the Government of India — whether on the water agreement, diplomatic expulsions, or visa cancellations — are absolutely appropriate.”

Appealing for national unity, he urged political parties to come together on a single platform in support of the government’s decisions.

“This is not the time for political division. All parties must stand united so that a positive image of national solidarity is conveyed internationally,” he said.

The cleric also warned against communalising the tragedy. “My appeal to fellow Indians is not to view this terror incident through a religious lens. No religion condones violence or terrorism,” he said.

“Some of the posts circulating on social media are sending out a very negative message. In this hour of crisis, every Indian — regardless of religion or political affiliation — must stand together,” he added.

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Crime

Security forces release sketches, photos of terrorists who carried out Pahalgam attack

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Srinagar, April 23: Security forces on Wednesday released a photograph and sketches of terrorists suspected to be responsible for the Pahalgam attack in which 26 civilians were killed and several others were injured on Tuesday.

Three terrorists suspected to have carried out the dastardly attack have been identified as Asif Fuji, Suleman Shah and Abu Talha.

The attackers, believed to be members of The Resistance Front (TRF), an offshoot of the banned terror group Lashkar-e-Taiba (LeT), opened fire on tourists at Baisaran meadow in Pahalgam area, 6 kms away from Pahalgam town.

Security forces said at least five to six terrorists, wearing camouflage outfits and kurta pyjamas, came to Baisaran meadow from the dense pine forest surrounding the Baisaran meadow and opened fire with AK-47 rifles.

The group included Pakistani terrorists, who infiltrated the Valley just days before the attack, Intelligence sources said.

Intelligence agencies have identified Saifullah Kasuri, alias Khalid, a top LeT commander, as the mastermind behind the massacre.

Security forces have launched a massive anti-terror operation and deployed helicopters to spot the terrorists who took advantage of the forest cover to flee the spot.

Preliminary forensic analysis and testimonies of survivors indicate that the terrorists used military grade weapons and advanced communication devices, which indicates definite external logistical support.

The probe also found that the terrorists wore body cams and helmet-mounted cameras to record the entire sequence of events.

The attackers came with full preparation and had stocked up dry fruits and medicines.

Sources said the terrorists also did a recce of Pahalgam with the help of some locals.

Eyewitnesses said that while two terrorists spoke in Pashto (indicating Pakistani origin), two of them were locals (Adil and Asif). The local terrorists are from Bijbhera and Tral.

The precision and planning of the attack also points to the involvement of trained handlers and not local amateurs.

According to Intelligence sources, digital footprints of the attackers were traced to safe houses in Muzaffarabad and Karachi, strengthening cross-border terror link evidence.

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Crime

WBSSC recruitment: Calcutta HC to hear contempt petition against Bengal govt today

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Kolkata, April 23: The Calcutta High Court will hear the contempt petition against the West Bengal government in connection with the cash for job case on Wednesday.

The Calcutta High Court’s divisional bench of Justice Debangsu Basak and Justice Shabbar Rashidi will hear the contempt petition against the state government for failing to implement the Supreme Court’s order.

The state government is supposed to tell the court why it is taking so long to implement the Supreme Court’s order.

The Central Bureau of Investigation (CBI) is also supposed to clarify to the same division bench on why their investigating officials have not yet completed the process of interrogation of those candidates who have already been identified as “tainted”.

Notably, the job losers’ protest in front of the West Bengal School Service Commission (WBSSC) office continued for the third day on Wednesday. They are seeking the publication of lists segregating “genuine” and “tainted” candidates.

In a major development, the protesters allowed WBSSC chairman Siddhartha Majumdar, stuck in his office for the last 45 hours as all the entry and exit gates of the commission’s office were blocked since the beginning of their protests, to leave the office on Wednesday morning.

Last year, the bench had cancelled 25,753 teaching and non-teaching jobs, which is the entire panel of WBSSC for 2016. The state government approached the Supreme Court challenging the order.

Earlier this month, the Supreme Court division bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld the order of the Calcutta High Court last year and also accepted the observation that the entire panel had to be cancelled because of the state government and the commission’s failure to segregate the “genuine” candidates from the “tainted” ones.

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