The Terrorist And Disruptive Activities (TADA) Court came down heavily on Special Public Prosecutor Ujjwal Nikam on Friday, during the final stages of the trial of gangster Abu Salem and two others accused of murdering builder Pradeep Jain. Judge G A Sanap rapped Nikam, saying that he was making statements contradicting his own previous submissions. ALSO READ: Life imprisonment not death sentence sought for Abu Salem The court was due to announce the quantum of sentence for Salem and two other convicts – Virendra Jhamb and Mehndi Hassan – on Friday. Under an undertaking that the Indian government gave to the Portuguese government while seeking Salem’s extradition in 2002, it gave a solemn and sovereign assurance that he would not face a prison sentence exceeding 25 years. On Friday, however, Nikam asked for life sentence “until the end of natural life.” “Section 34-C of the Extradition Act is a special legislation and overwrites all other provisions,” Nikam argued. Section 34-C awards life imprisonment for extradited criminals who have committed an offence punishable with death in India. [related-post] Judge Sanap, however, objected to Nikam’s arguments and offered to show the latter submissions he made at the beginning of the trail. “If your submission is self-contradictory, then you must be very careful. When it suits your purpose, you conveniently use the Law of Portugal,” Judge Sanap warned Nikam. Nikam then invoked Section 57 of the Indian Evidence Act in his next submission. Section 57 requires a court to take notice of laws passed in certain foreign countries, although the law names only the United Kingdom. Judge Sanap told Nikam that he would have to read the Evidence Act in its entirety. Nikam persisted, repeating that the court would have to consider the judgment passed by a court in Portugal while deporting Salem in 2005. Judge Sanap said, “Mr. Nikam, when I make a statement, I mean it. If you want to see your application, you can see it. You have specifically reproduced a paragraph from the Portugal Court judgment. You have conceded your position.” The judge deferred the sentencing to Monday after the prosecution failed to provide the report filed by the probation officer in the case of Jhamb. While directing the prosecution to submit the report on Saturday, the judge said defence lawyer Sunil Pasbola would be allowed to reply to Nikam’s arguments on Monday.
