New Delhi: Extradited underworld don Abu Salem on Saturday moved a Delhi court seeking a stay on his trial in an extortion case in the wake of Portugal’s constitutional court turning down India’s appeal against the cancellation of his extradition.
In his application filed before Chief Metropolitan Magistrate Vidya Prakash, Salem sought that his trial be stayed as "continuation of his trial after termination of the authorization granted for his extradition is against the law, justice and without jurisdiction."
The court has issued a notice to the prosecution seeking its reply on the application.
Salem’s counsel M S Khan submitted Salem was extradited in 2005 by Indian government from Portugal where he was arrested in 2002 and according to the extradition agreement Salem could not be charged with offences entailing life imprisonment or death sentence.
Salem was extradited in connection with eight cases, including the 1993 Mumbai bomb blasts case, two Passport Act cases, two murder cases and three extradition cases one of which is pending before the CMM court here.
However, a Mumbai trial court framed fresh charges
against him, which Salem challenged alleging some of them violated his extradition conditions.
Salem filed a petition in the High Court of Lisbon alleging he had been charged with offences in India for which his extradition was not permitted.
The High Court allowed his petition and in September 2011 ruled that extradition conditions had been violated.
Against the order of the High Court of Lisbon, India moved an appeal before the Supreme Court of Justice in Portugal, which was rejected in January 2012.
Khan also told the court that an appeal filed by India in the Constitutional Court, Portugal, against the order of the Supreme Court of Justice was also rejected on July 5, 2012.
He said "Salem could not be tried as his trial was subject matter of order of extradition which was terminated on the violation of the Principles of Specialty."
Salem is facing trial before the CMM here in a 2002 extortion case of Delhi-based businessman.
He was granted bail in this case on June 26 and the matter is now at the stage of prosecution evidence.