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Abu Salem to move Portugal court

His lawyer informed Mumbai Police and CBI violated the extradition conditions.

india Updated: Jun 06, 2006 23:22 IST

Extradited gangster Abu Salem will move a Portugal court to recall him, alleging that the Government has violated extradition conditions, his lawyer Ashok Sarogi said in Mumbai on Tuesday.

"We are leaving for Portugal today and would file an application in a court in the Portugal capital Lisbon after going through the extradition records," Sarogi said.

Sarogi claimed the extradition conditions had been violated because the government had informed the Lisbon court that Salem was required only for the purposes of trial in some criminal cases pending in India and assured that no further investigation would be done in those cases.

This is being "violated" because Mumbai police and CBI had recently filed chargesheet against Salem in the Pradeep Jain murder case, Ajit Dewani murder case and 1993 bomb blast case, Sarogi said.

According to Salem's lawyer, a chargesheet is filed when investigations are complete and hence further investigations in these three cases were made after Salem was extradited from Portugal.

"We have challenged prosecution move to chargesheet Salem in these cases before various courts in Mumbai and the matter is pending," Sarogi said.

In a related development, Salem's lawyer also moved the Bombay High Court urging it to order a probe into the telecast of Salem's recorded video interview, by some TV channels.

"When he was in police and judicial custody how could someone interview him in jail?", he asked. The matter would come up for hearing on June 20, Sarogi said.

Special Public Prosecutor Ujjwal Nikam, who represents government in Pradeep Jain murder case and the 1993 serial bomb blasts case, said, "we are not bothered (about Salem's lawyers going to Portugal) because Salem has made baseless allegations."

"As far as we are concerned, there has been no violation of extradition conditions. Salem and his lawyers would have to convince the Lisbon court and satisfy it by producing evidence to the effect that extradition treaty had been violated," Nikam said.

Referring to a close nexus of Salem with Bollywood people, Nikam said, "it is expected of him to play such drama and we know how to tackle such moves made by him."

Salem was extradited on November 11 last year on the basis of eight cases pending against him in Indian courts.

Among them were the 1993 serial bomb blasts case, Ajit Dewani murder and Pradeep Jain murder cases.

While, the 1993 blast case was probed by CBI, the others were investigated by Mumbai Crime Branch.

Mumbai police filed chargesheet against Salem and co-accused Shah Alam under Maharashtra Control of Organised Crime Act (MCOCA) on April 15 for their alleged complicity in the murder of Ajit Dewani, former Secretary to actress Manisha Koirala.

Salem had confessed to his role in the murder but later retracted his confessional statement saying it was taken under duress.

Police has alleged that Salem had hired assailants who killed Dewani on his instructions after he (Dewani) failed to pay extortion money.