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Crime

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

RPF action in Mumbai: Force registers 2,581 cases, collects Rs 32.26 lakh in fines in August

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Mumbai, Sep 1: The Railway Protection Force (RPF) intensified its crackdown on activities compromising the safety and convenience of railway passengers in the Mumbai Central Division in August, taking action in 2,581 cases involving unauthorised entry, illegal vending, trespassing into women’s and PwD coaches, transportation of alcohol and other passenger safety violations.

During the month-long campaign, the RPF collected approximately Rs 32.26 lakh in fines under various provisions of the amended Railway Act. The action sent a clear message that there would be no leniency towards those violating rules on railway premises.

Under the guidance of Senior Divisional Security Commissioner, Mumbai Central, Santosh Kumar Singh Rathore, teams formed by ASC Surat, ASC Virar and ASC Mumbai Central, led by SIPF In-charge Santosh Soni, along with other staff, conducted a comprehensive enforcement campaign throughout August.

The primary objective of the campaign was to ensure a safe environment for railway passengers and curb activities that compromise security and passenger amenities on railway premises.

The RPF took major action against unauthorised entry onto railway tracks. As many as 985 individuals were apprehended under Section 147, and a fine of Rs 4,92,500 was collected from them. The action was aimed at reducing the risk of accidents and preventing people from entering restricted railway areas.

To ensure the safety of women passengers, the RPF also took action against men and outsiders entering ladies’ coaches without authorisation. A total of 83 individuals were apprehended under Section 162, and fines amounting to Rs 2,07,500 were collected. The enforcement drive was aimed at ensuring a safe and comfortable travel environment for women.

The RPF also took action against people travelling in coaches reserved for Persons with Disabilities (PwD). A total of 474 individuals were apprehended under Section 155 for unauthorised travel, and approximately Rs 9.48 lakh in fines was collected. The action was intended to protect facilities specifically reserved for passengers with disabilities.

The force also acted on complaints involving extortion, misbehaviour and nuisance caused to passengers on trains and railway stations. As many as 211 transgender persons were apprehended under Section 145-B. The action was aimed at providing relief to passengers from activities such as alleged extortion and harassment.

A separate campaign was launched against the illegal transportation of alcohol on railway premises, during which 32 individuals were caught. The RPF said the action was aimed at curbing such activities and strengthening passenger safety.

The RPF also launched a major crackdown on unauthorised hawkers selling goods at railway stations and on trains. As many as 774 unauthorised vendors were apprehended under Section 144, and fines totalling Rs 15,48,000 were collected. The action was aimed at controlling unauthorised commercial activities and improving security on railway premises.

Action was also taken against people parking vehicles in no-parking zones on station premises. Six individuals were fined a total of Rs 3,000 under Section 159. Three individuals were fined Rs 6,000 each under Section 167 for smoking.

The RPF also took action against people pasting posters and stickers on local trains and railway coaches. Ten individuals were apprehended under Section 166 and fined Rs 20,000. The action was aimed at preventing the defacement of railway property.

In another incident, a man was caught dangerously travelling on the footboard of a moving train and was fined Rs 1,000. Such enforcement is intended to prevent accidents and injuries caused by passengers travelling in an unsafe manner.

The RPF also took action against a man for unnecessary alarm chain pulling, which resulted in the train being stopped without a valid reason. In another case, a suspected habitual criminal was caught allegedly stealing a passenger’s luggage, highlighting the force’s continued vigilance regarding the safety of passengers and their belongings.

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Crime

Gujarat cop, aide held for taking bribe to ‘not beat’ gambling case accused

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Mehsana, Sep 1: A constable posted at Satlasana Police Station in Gujarat’s Mehsana district and a local resident were allegedly caught accepting a Rs 83,000 bribe during an Anti-Corruption Bureau (ACB) trap, after a person approached the bureau’s toll-free helpline 1064, officials said on Tuesday.

The accused have been identified as Kanji Chaudhary, a police constable posted at Satlasana Police Station, and Ashish Chaudhary, a resident of Chaudhary Vas in Navavas-Rajpur of Satlasana.

The ACB said the entire alleged bribe amount of Rs 83,000 was recovered during the operation.

According to the ACB complaint, a gambling case had been registered at Satlasana Police Station against the complainant and several other persons.

In connection with the case, the complainant and the others were required to appear at the police station.

The ACB alleged that accused police constable Kanji Chaudhary demanded Rs one lakh from the complainant in exchange for not assaulting the complainant and the others when they appeared at the police station.

Following negotiations, the alleged bribe amount was settled at Rs 83,000, with the payment agreed to be made on Monday.

Unwilling to pay the bribe money, the complainant contacted the Anti-Corruption Bureau through its 1064 toll-free number and lodged a complaint.

Based on the complaint, the bureau set up a trap on Monday (August 31). During the operation, the two accused allegedly remained in telephone contact with the complainant and accepted Rs 83,000 from him.

The transaction took place in the car of a friend of the accused on a public road opposite Suraj Complex in Satlasana.

The ACB team subsequently caught the accused at the spot and recovered the entire alleged bribe amount of Rs 83,000.

The ACB officials said that further legal proceedings were being initiated in connection with the alleged offence.

“The trap was conducted by D.B. Mehta, Police Inspector, ACB Field-3 (Intervening), Ahmedabad, along with his team,” officials said.

The investigation will continue to probe if there were similar instances involving the said cop in the past.

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Crime

Trinamool billboard row: Abhishek Banerjee arrives at police station for questioning

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Kolkata, Sep 1: Trinamool Congress general secretary and Diamond Harbour Lok Sabha member, Abhishek Banerjee, on Tuesday arrived at the Shakespeare Sarani Police station in central Kolkata to face interrogation in connection with the FIRs filed over the removal of an illegal billboard from the roof of his party office on Camac Street.

Banerjee arrived at the police station a little after noon. By then, a large number of Trinamool Congress supporters had already assembled in front of the said police station.

They shouted slogans when he arrived and went inside the police station. “As long as our general secretary is inside the police station, all of us will remain assembled there,” one Trinamool Congress activist told media persons.

The party’s Rajya Sabha member, Derek O’Brien, was supposed to appear at the Shakespeare Sarani Police Station on Monday and face the interrogation in the same matter. But he skipped the appearance, and instead his counsel sent a letter to Kolkata Police seeking seven more days for appearance.

However, Kolkata Police refused to give him seven days and served O’Brien a second notice to appear at the said police station by noon on Wednesday.

Abhishek Banerjee’s personal assistant, Sumit Roy, is also supposed to appear at the same police station by noon on Wednesday.

Tension broke out on Camac Street on August 27 after Kolkata Municipal Corporation (KMC) staff, accompanied by police personnel, reached Abhishek Banerjee’s Camac Street office to remove the illegal billboard.

The KMC staff and police personnel faced stiff resistance from party activists led by Abhishek Banerjee, O’Brien and other Trinamool Congress leaders. Scuffles broke out between the cops and the party activists.

In the three FIRs filed at Shakespeare Sarani Police Station, the city police have accused the Trinamool Congress activists of not only assaulting the on-duty cops but also attempting to outrage the modesty of a female police officer.

In two of the three FIRs filed, Banerjee, O’Brien and other Trinamool Congress leaders, such as Humayun Kabir and Baishwanar Chatterjee, have been named. The police have arrested 14 people in this connection so far.

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