New Delhi: The Delhi High Court on Friday rapped
the city police for being "lax" while filing the charge sheet
against underworld don Abu Salem under MCOCA when it was
in "contravention" of the extradition agreement with Portugal.
Additional Solicitor General (ASG) Haren Rawal, appearing
for police, sought early hearing of the Delhi Police plea
seeking to withdraw charges under MCOCA against Salem, saying
"otherwise the extradition of the accused would be in
The plea has been filed in the backdrop of a major
embarrassment to the Centre after a Portuguese High Court
recently revoked Salem`s extradition here on the ground that
the terms of extradition agreement, executed by India and
Portugal, have been breached.
"Why was the state lax when the charge sheet against
Salem was filed under the Maharashtra Control of Organised
Crimes Act (MCOCA) and charges were framed in contravention of
the extradition agreement.
"You are trying to take advantage of your own wrong,"
Justice V K Shali said while issuing a notice to extradited
gangster Salem, lodged at Arthur Road jail in Mumbai.
Justice Shali, who has now fixed the hearing on November
8, said "You gave an assurance to other requested foreign
state and remain lax in your approach with the hope that it
will be regularised.
"Once the matter is decided by the Supreme Court in
Portugal then the hearing here would become needless," the ASG
Salem, extradited from Portugal in 2005, was booked
under MCOCA for allegedly making extortion calls to a
Delhi-based businessman Ashok Gupta in 2002 demanding Rs five
crore as protection money.