Salem approaches HC seeking withdrawal of case under MCOCA

Extradited underworld don Abu Salem on Tuesday approached the Delhi HC challenging a trial court's order dismissing Delhi police's plea to drop charges under stringent MCOCA against him in an extortion case lodged in New Delhi seven years ago.

Extradited underworld don Abu Salem on Tuesday approached the Delhi High Court challenging a trial court's order dismissing the plea by the city police to drop charges under stringent MCOCA against him in an extortion case lodged in New Delhi seven years ago.

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Filing the petition through counsel Arvind Shukla, Salem told Justice Kailsh Gambhir, who fixed October 21 for hearing the plea, that the sessions judge has no power to dismiss the petition filed by the prosecuting agency for withdrawl of the MCOCA case against him.

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

"Portugal had put several conditions on India such as that he cannot be awarded death penalty and cannot be kept in jail for over 25 years nor be booked under any special law," his counsel said.

Delhi Police had filed an application under the provisions of Criminal Procedure Code for withdrawal of MCOCA charges against Salem on the ground that it was against the condition for his extradition agreed to between India and Portugal.

Salem 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.