Delhi HC raps Delhi Police on the knuckles

The Delhi Police on Friday came under fire from the Delhi High Court for filing the charge sheet against underworld don Abu Salem under the Maharashtra Control of Organised Crimes Act (MCOCA) when it was in contravention of the extradition agreement with Portugal.

Appearing for the police, Additional Solicitor General (ASG) Haren Rawal sought early hearing of their plea seeking withdrawal of MCOCA against Salem, saying otherwise his extradition would be in jeopardy.

The plea was filed in the backdrop of the Portuguese High Court's order revoking Salem's extradition on the ground that the terms of the deportation agreement, executed by India and Portugal, have been breached.

"Why was the state lax when the charge sheet against Salem was filed under MCOCA, and charges were framed in contravention of the extradition agreement? You are trying to take advantage of your own wrong," Justice VK Shali said while issuing a notice to Salem, who is lodged at the Arthur Road jail in Mumbai.

Fixing the hearing on November 8, Justice Shali said: "You gave an assurance to… foreign state and remained lax in your approach with the hope that it will be regularised. Once the matter is decided by the Supreme Court in Portugal, the hearing here would become needless." The court has also asked the ASG to file a short synopsis on the issue.

Salem, extradited from Portugal in 2005, was booked under MCOCA for allegedly making extortion calls to Delhi-based businessman Ashok Gupta in 2002, demanding Rs5 crore as protection money.

"When Salem was charged under MCOCA in contravention of the extradition agreement, the state should have taken a contemporaneous approach to handle the situation then," the court said.