MP HC Quashes Production Warrant Against Abu Salem Issued Without Jurisdiction [Read Judgment]

The Madhya Pradesh High Court has quashed the order of Bhopal sessions court issuing production warrant against extradited gangster Abu Salem with observation that the order was issued without jurisdiction.

Abu Salem Ansari filed a writ petition challenging the order passed by the 14^th Additional Sessions Judge of Bhopal of January 15, 2014.

The court issued the production warrant against Salem concerned to the case no. 40/2007 registered against him under provisions of section 302/120B of IPC and section 25 of the Arms Act at the Parvalia Sadak Police Station, Bhopal.

The petitioner’s counsel contended that Salem was extradited from Portugal to India pursuant to the orders of the Ministry of Justice of Portugal of March 28, 2003, to be tried in 9 cases and the case registered at police station in Bhopal is not included in those nine cases.

Thus, in the light of the law laid down by the apex court in Abu Salem Abdul Qayyum Ansari vs Central Bureau of Investigation and another [(2013) 12SCC 1], he cannot be tried, the petitioner’s counsel said.

Justice Vivek Agrawal said: “The order of issuance of production warrant passed by 14th Additional Sessions Judge Bhopal in relation to the petitioner alone is without jurisdiction and deserves to be set aside and is hereby quashed.”

“Since no request for extradition was made in relation to offence registered at Police Station Parvalia Sadak, Bhopal, seeking extradition of the petitioner, he cannot be tried in respect of an offence which does not form part of the decree of extradition,” the court said.

The court allowed the writ petition.