SC`s rejects Salem`s plea in TADA case
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Last Updated: Tuesday, October 05, 2010, 21:36
  
New Delhi: The Supreme Court on Tuesday dismissed the plea of extradited alleged gangster Abu Salem for cross examining a co-accused Riyaz Ahmed Siddique who turned hostile after turning an approver in a TADA (Terrorist and Disruptive Activities Act) related case.

A Bench of Justices P Sathasivam and R M Lodha ruled that since Siddique had turned hostile after agreeing to become an approver for the prosecution, he cannot be cross examined by Salem and others as the witness had forfeited his right of pardon.

"The designated court seriously erred in treating the respondent no 3(Riyaz Ahmed Siddique) hostile witness. It failed to consider that the pardon granted and accepted by him was conditional pardon inasmuch as it was on the condition of his making a true and full disclosure of all the facts concerning the commission of crime and once the pardon granted to him stood forfeited, on the certificate issued by the Special Public Prosecutor, he was relegated to the position of an accused and did not remain a witness," Justice Lodha writing the judgement observed.

The apex court passed the judgement while upholding an appeal filed by Maharashtra government challenging the decision of the designated court to allow Salem and his other accomplices charged under TADA and IPC to cross examine Siddique as a prosecution witness.

In the present case, one Pradeep Jain (builder) was allegedly eliminated by hired gangsters on March 7, 1995, and an attempt on the life of his brother Sunil Jain was also made in the alleged conspiracy hatched by Salem from Dubai in a property dispute.

PTI


First Published: Tuesday, October 05, 2010, 21:36


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