This Article is From Jan 25, 2012

India to move Portuguese court on Salem's extradition

India to move Portuguese court on Salem's extradition
New Delhi: India will approach the Constitutional Court of Portugal challenging the decision of that country's Supreme Court which recently confirmed the decision to terminate the extradition of fugitive underworld don Abu Salem to face trial in various cases here.

"Whole extradition process is in jeopardy. The CBI is going before the Constitutional Court of Portugal against the decision of the Supreme Court of that country," Additional Solicitor General (ASG) Haren Raval told Justice Mukta Gupta in the Delhi High Court.

Raval, who was representing the Delhi Police, was seeking an urgent hearing of its petition seeking withdrawal of stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA) against the extradited gangster Salem.

Justice Gupta, however, refused to hear the matter, saying that she had once appeared before the high court as a lawyer in a connected case against Salem.

"I had once appeared in this case. I know this is an urgent matter but I recuse myself and refer this matter to be listed before some other bench," Justice Gupta said while excusing herself from hearing the case.

During the brief hearing, the ASG apprised the court about the developments in the case at various judicial fora in Portugal and said that urgent hearing was required in the matter as the entire process of extradition was "in jeopardy".

The Supreme Court of Portugal had recently rejected India's appeal and upheld the decision of a high court of that country terminating the extradition of Salem, the ASG said.

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