The Supreme Court on Thursay posted for July the hearing on a plea by jailed underworld don Babloo Srivastava seeking a direction that he be tried in only those cases which were part of his extradition terms.
A bench of justices K S Khehar and C Nagappan adjourned the hearing till the first week of July after the summer vacation.
Srivastava, who is in jail since 1995 after being extradited from Singapore, was to face trial in four criminal cases according to the extradition agreement but was made an accused in 20 matters, the plea said.
An alleged former aide of fugitive underworld don Dawood Ibrahim, Srivastava, who is serving life sentence in a murder case, stated that after remaining in jail for last 20 years, he was now entitled to remission and had moved Uttar Pradesh government for this purpose.
“Issue a writ of mandamus and thereby direct the respondent no.1 (Centre) to ensure through the DGP of all states that no coercive action is taken against the petitioner in any case until and unless the charge sheet is filed and the magistrate records the reason to take action against the petitioner till the time the petitioner is given an opportunity of status quo ante (the way things were before),” the plea of Srivastava said.
Srivastava was apprehended in Singapore in April 1995, pursuant to a red corner notice issued by India through the Interpol.
He claimed the extradition terms said that he would be facing trial in four cases only including the murder of Assistant Customs Collector L D Arora in 1993 at the instance of Dawood whose consignments of arms and ammunitions were seized by the officer at Mumbai port.
Srivastava has been convicted and is now serving life term in Central Jail, Bareilly in the case.
His plea said that “the ‘doctrine of speciality’ as contained under Section 21 of the Act does not permit trial of any fugitive for the offence that are not part of the extradition decree until and unless such fugitive is given an opportunity of status-quo ante.”
The don claimed that after remaining in jail for last 20 years, he is now entitled to remission of sentence and had moved Uttar Pradesh government for this purpose.
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