Supreme Court defers bail plea of don Abu Salem

The Supreme Court on Monday deferred the bail application of underworld don Abu Salem, who was convicted for life sentence for his involvement in the Mumbai serial blasts on March 12, 1993 that claimed 257 lives and left 713 injured.

A three-Judge Bench headed by Chief Justice N.V. Ramana and also comprising Justices Surya Kant and Hima Kohli, deferred the hearing today.

His earlier bail applications before the Apex Court got dismissed on several occasions. The first bail application got dismissed in 2018. In January, 2021, Salem had filed a petition, seeking transfer from Taloja jail to Tihar jail, so that the Amicus Curiae in the case 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. 

The gangster is serving a life sentence for his involvement in the Mumbai serial blasts of 1993. He has also been sentenced to seven years rigorous imprisonment in the 2002 extortion case by a Delhi Court.

The Supreme Court had earlier refused to entertain a petition by Salem, who claimed his extradition was illegal and liable to be cancelled because of breach of terms by the Indian authorities. The then Bench, headed by former Chief Justice of India S.A. Bobde, had asked Salem to approach the Bombay High Court.

Appeals filed before the Supreme Court under Section 19 of the Terrorist and Disputive Activities (Prevention) Act, 1987 against the final Judgment of February 25, 2015 passed by the Designated Court, Greater Bombay at Bombay in TADA Special Case No 1 of 2006.

Salem sought stay on trial of criminal cases filed against him on the ground that in view of the order dated September 14, 2011 passed by the court of Appeals of Lisbon, Portugal terminating the extradition order on the ground that trial of the Appellant was conducted in violation of the terms of extradition and such order was disposed of on 5th August, 2013

Abu salem had challenged the Session Court order who convicted him for murder of Mumbai based Builder Pradeep Jain. Two other accused were found guilty are Virendra Jhamb and Mehndi Hassan.  Mehndi Hassan’s appeal is prolonging in the supreme court. 

A TADA Court found Abu Salem guilty of murder of Builder Pradeep Jain who was shot dead by assailants  outside his Juhu Bungalow in March 1995. 

According to the court’s order, Salem’s role was proved not only on the point of Jain’s murder, but also on the extortion calls made thereafter. Three flats owned by the Jain’s were given to Salem as a result, if the extortion calls made to the victim’s wife Jyoti Jain. The flats were sold by Jhamb and the money was transferred through the hawala transaction in Dubai to Salem.

Testimony of brother namely Sunil Jain of deceased Builder Pradeep , Jyoti Jain , wife of Builder Pradeep Jain  and Naaem Khan , an accused who turned approver- their unimpeachable testimonies against Abu salem was clinching evidence by which prosecution proved its case beyond reasonable doubt.
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