Justices Siddharth Mridul – India Legal https://www.indialegallive.com Your legal news destination! Wed, 02 Feb 2022 09:53:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Justices Siddharth Mridul – India Legal https://www.indialegallive.com 32 32 183211854 Delhi High Court grants time to Abu Salem to file documents, to substantiate his claim regarding illegal detention in India https://www.indialegallive.com/constitutional-law-news/courts-news/delhi-high-court-grants-time-to-abu-salem-to-file-documents-to-substantiate-his-claim-regarding-illegal-detention-in-india/ Wed, 02 Feb 2022 09:53:22 +0000 https://www.indialegallive.com/?p=250894 Delhi High CourtThe Delhi High Court has granted time to extradited gangster Abu Salem to file documents in support of his Habeas Corpus petition, claiming his detention in India as illegal. Abu Salem is serving life sentence for his role in the 1993 Mumbai serial bomb blasts case. A Division Bench comprising Justice Siddharth Mridul and Justice […]]]> Delhi High Court

The Delhi High Court has granted time to extradited gangster Abu Salem to file documents in support of his Habeas Corpus petition, claiming his detention in India as illegal.

Abu Salem is serving life sentence for his role in the 1993 Mumbai serial bomb blasts case.

A Division Bench comprising Justice Siddharth Mridul and Justice Anup Jairam Bhambhani on Tuesday ordered that Salem’s Counsel should keep on record the electronic copy of the judgement relied upon by him to show that his Habeas Corpus petition is maintainable.

The Bench has listed the matter for further hearing on March 14 and also allowed Advocate S Hariharan, representing Salem, to file brief written submissions.

The High Court was hearing a plea by Salem seeking to declare his detention in India illegal and to deport him to Portugal, in view of the conventions and treaty governing the territory.

Salem’s Counsel, seeking cancellation of his custody, said that the extradition was done on various assurances, which were violated and his detention was illegal. He further contended that Salem has been indicted on additional charges that were not part of the treaty. The petition said that Salem was extradited in 2002 and has been in jail since then.

The High Court had earlier observed that a habeas corpus petition filed by Salem was not made out as his detention cannot be invalid, if convicted by a court of law. The Bench observed that once a court has put Salem on trial and convicted him, he cannot say that his custody is illegal.

On October 27, 2021, the Supreme Court had refused to grant bail bail to Salem in the murder case. On February 25, 2015, a special Terrorist and Disruptive Activities (Prevention) Act (TADA) Court had sentenced Salem to life imprisonment in the 1995 murder of Mumbai-based builder Pradeep Jain and his driver Mehndi Hassan.

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Tablighi Jamaat case: Delhi HC dismisses plea seeking transfer of probe to NIA https://www.indialegallive.com/constitutional-law-news/courts-news/tablighi-jamaat-case-delhi-hc-nia-mohammad-saad-delhi-police/ Fri, 11 Dec 2020 09:32:21 +0000 https://www.indialegallive.com/?p=130017 Delhi High CourtThe petitioner has sought liberty to withdraw petition to approach Supreme Court. A two-judge bench of Justices Siddharth Mridul & Talwant Singh of Delhi High Court has granted liberty to petitioner.]]> Delhi High Court

The Delhi High Court today has dismissed a plea seeking direction to transfer of Investigation from Crime Branch Delhi Police to National Investigating Agency (NIA) in a case lodged against Tablighi Jamaat leader Maulana Saad accused of organising huge congregation by Tablighi Jamaat with delegates from foreign countries and its members resulting in spread of COVID-19 virus.

The petitioner has sought liberty to withdraw petition to approach Supreme Court. A two-judge bench of Justices Siddharth Mridul & Talwant Singh of Delhi High Court has granted liberty to petitioner. 

The petition was filed by Mumbai-based lawyer Ghanshyam Upadhyay through advocate Yash Chaturvedi. The petitioner had also sought a direction to the NIA to investigate the matter in a time-bound manner and the probe be monitored by the high court, alleging that the Delhi Police has failed to arrest the leader despite lapse of considerable time.

The Petitioner had sought invocation of Unlawful Activities (Prevention) Act and entrusting investigation to National Investigating Agency in the crime of organizing huge congregation by Tablighi Jamaat with delegates from foreign countries and its members/participants then knowingly spreading Coronavirus across the Country by visiting and staying at various places in the Country. Effect of this crime spans across India and its roots are not limited to India but prima facie also found to be abroad. Therefore investigating agency with capability to probe swiftly across the Country should handle the case. In order to forestall any attempt to destroy evidence so that conviction of all guilty persons is secured, investigation ought to be transferred at earliest.

The petitioner had contended that an FIR No. 63 of 2020 was registered at Crime Branch Police Station U/S 188, 269, 270, 271 & 120B of IPC, Section 3 of Epidemic Diseases Act, Section 51 & 58 of Disaster Management Act against the Maulana Saad. However, no offence under UAPA was registered in the FIR.

The petitioner had submitted that “its a matter of record that the manner in which the people of Tablighi Jamaat have been spreading the deadly virus all over the country, not only by defying the national lockdown, but also by assaulting Corona warriors who have been treating not only other Corona patients/victims, but these very members of Tablighi Jamaat and with the result, the Central Government was required/compelled to enact penal law by way of issuing an Ordinance during national lockdown for protection of Corona warriors.”

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