The Delhi High Court on Tuesday deferred the hearing of the habeas corpus plea of extradited gangster Abu Salem challenging his extradition by Indian authorities on March 14.
Salem in his plea has claimed his extradition was illegal and liable to be cancelled because of a breach of terms by Indian authorities.
Abu Salem stated that in view of the alleged breach of the terms of extradition by the Ministry of Home Affairs, Central Bureau of India (CBI), his further detention of him in India has become illegal.
The bench of Justice Sidharth Mridul and Justice Anup Jairam Bhambhani on Tuesday deferred the matter for March 14. The Court asked Advocate S Hari Haran appeared for Abu Salem to 'place on record' the relevant judgments and documents in referring to "how the habeas corpus petition is made out in this case."
Earlier the bench had orally observed that once a court of law held Abu Salem guilty, he could not say that the custody was illegal. The bench further observed that even if initially his detention was bad in law, after conviction by a court of law, his custody does not remain illegal.
The plea further stated that in view of the breach of solemn sovereign assurance given by the Respondents seeking the extradition of the Petitioner and which formed the basis of his extradition to India.
Habeas Corpus petition of underworld don Abu Salem seeks court appropriate direction declaring his detention as illegal and be released and repatriated to Portugal.
Last year, the Supreme Court had declined to entertain a petition of Abu Salem and said "We dismiss the plea under Article 32 with the liberty to approach High Court".
In SC, the plea also sought a direction to transfer Salem from Taloja jail to Tihar jail so that amicus curiae can speak to him and procure some documents. Salem argued that the Indian authorities had violated the extradition treaty.
Salem, an accused in the 1993 Mumbai serial blasts, had been extradited from Portugal on November 11, 2005, after a prolonged legal battle.
The gangster is serving a life sentence in jail after being convicted in the 1993 Mumbai blasts that had killed 257 and injured 713 people. He has also been sentenced to seven years of rigorous imprisonment in the 2002 extortion case by Delhi Court.
( With inputs from ANI )
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