Prosecution demands death sentence for gangster Abu Salem

Claiming that Abu Salem had a “Taliban mindset” the special public prosecutor Ujjwal Nikam argued in court that Salem was an incorrigible criminal who cannot be deterred with a lesser sentence than death, for killing the builder.

As grounds for seeking death penalty as quantum of punishment, Nikam submitted that Salem hatched criminal conspiracy in order to grab  properties of the Jain builders and that Salem is a contract killer, nothing “less than a merchant of death”. Nikam also argued that the muder of Jain was committed after previous planning and “the brutality and the cruelty of Abu salem is proved not only from the fact of the murder of Pradeep jain but also by his subsequent conduct”.

Nikam reminded the court of Salem’s conduct by stating that he “ridiculously” called the victim’s wife Jyoti Jain on phone on the 13th day after his demise and kept laughing.

Nikam also argued, “Salem crossed all such limits of shamelesness. I would call Abu Salem as a sadist person. Sadism is a typical perversity in human life. If nature is to be prevailed then such saddist perversity must be crushed by the iron hands of law only on gallows.” (sic)

The prosecutor also urged the court to provide death penalty to Salem’s driver Mehendi Hasan, claiming that he also  “played a very key role in the criminal conspiracy behind the killing of Pradeep Jain.

Questioning whether the state of Maharashtra was not  bound by the Extradition Act, the defence counsel for Salem, Pasbola argued that the prosecutor’s arguments “do not hold water to be tenable in law”. Pasbola submitted that as per section 34 (C) of the Extradition Act, if the convict has committed an offence attracting death penalty, he is only liable to life imprisonment.

“Isn’t the prosecution aware of the solemn promises given to the Portugal government? What is the point of calling him a curse to the society? The law does not provide for death sentence for Abu Salem,” Pasbola argued.

The defence lawyer submitted that as per the agreement between the two countries, India and Portugal, Salem cannot be sentenced for more than 25 years. “These were the assurances given to the Portugal government,” Pasbola said. As per an excerpt of letter sent by L K Advani as the then deputy prime minister, while seeking Salem’s custody to be tried in the country, the Government of India had solemnly assured the goverment of Portugal “that it will exercise its powers conferred by the Indian laws to ensure that if extradited for trial in India, Salem would not be visited by death penalty or imprisonment for a term beyond 25 years”.

“By asking for death penalty we are giving the Portugal government an opportunity to intervene and that no country will allow a person to be extradited despite giving solemn assurances. This way Europe shall become a safe haven for mushrooming underworld dons,” Pasbola contended.

Nikam asked seven years for the third convict, Virendra Jhamb, a builder, as he was 60-year old. Jhamb is alleged to have sold the three Andheri properties believed to have belonged to Jain brothers and sent the money to Dubai to Abu Salem.
meghna.yelluru@expressindia.com