HC refuses Salem`s plea of dropping MCOCA case

The Delhi HC on Monday rejected the plea by underworld don Abu Salem seeking a direction to a trial court to drop a case under stringent Maharashtra Control of Organized Crime Act (MCOCA) against him.

New Delhi: The Delhi High Court on Monday
rejected the plea by underworld don Abu Salem seeking a direction to a trial court to drop a case under stringent Maharashtra Control of Organized Crime Act (MCOCA) against him relating to alleged extortion.

The extradited don approached the High Court against
the trial court`s order dismissing the plea by the city police
to drop charges under the stringent law saying the sessions
judge has no power to reject the petition filed by prosecuting
agency for withdrawl of charges under MCOCA against him.

Justice Kailash Gambhir, however, refused to grant any
relief saying charges have not yet been framed against him.

"You can always challenge once the charges are framed
against you and then you can plead that it is beyond the
extradition treaty," Justice Gambhir said while asking the
underworld don to file a revision petition against the order
of the trial court.

Advocate Arvind Shukla, appearing for Salem, then
pleaded the court allow him to withdraw the petition which
was granted.

Seeking quashing of the August 21 order of the trial
court, Salem had said the government has violated the terms
and conditions with the government of Portugal while
extraditing him in 2005.

Bureau Report

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