‘Not dropping of MCOCA against Salem would harm India’s image’

Police say this case will be cited as example to show that India does not follow it own commitments.

Not dropping the charges under stringent MCOCA against gangster Abu Salem,whose extradition has already been terminated by a Portuguese High Court,will harm the reputation of India at international fora,the city police today told the Delhi High Court.

“We will spoil our credibility at international fora and this (case) will be cited as an example to show that this country does not follow it own commitments,” Additional Solicitor General (ASG) Haren Raval,appearing for Delhi police,told Justice V K Shali.

Justice Shali,meanwhile,reserved the judgement on the plea of the city police seeking withdrawal of stringent charges under the Maharashtra Control of Organised Crime Act (MCOCA) against Salem.

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Delhi police had sought an urgent hearing of its plea after the Portuguese High Court terminated Salem’s extradition on the ground that India “violated” the doctrine of specialty by invoking fresh MCOCA charges against him in violation of the extradition terms agreed to between two countries.

The Portuguese Supreme Court also affirmed and upheld the verdict of the High Court,leaving the sole legal recourse to CBI,an authorised body to take up extradition cases,to approach the Constitutional Court in that country.

The ASG,during argument,apprised Justice Shali about the extradition terms,sequence of events and the consequences of not allowing the dropping of MCOCA against Salem in an extortion case lodged by a Delhi-based trader in 2002 here.

“The order of the trial court,by which the application of police to withdraw the MCOCA charges was dismissed,is deserved to be set aside,” the ASG said.

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