The Delhi High Court on Thursday allowed the withdrawal of a petition of gangster Abu Salem, who claimed his extradition was illegal and liable to be cancelled because of a breach of terms by Indian authorities.
The bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on Thursday allowed the Counsel appearing for the petitioner to withdraw the petition after noting his submission that the issue is now pending before the Supreme Court.
Earlier, Abu Salem's counsel 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 earlier, asked the Advocate S Hari Haran appeared for Abu Salem to 'place on record' the relevant judgements and documents in referring to 'how 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 his 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 Gangster or 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 of India 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 a 2002 extortion case by Delhi Court.
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