Rejecting the plea of extradited underworld don Abu Salem for presence of his lawyer during interrogation by CBI in 1993 bomb blast case, a special court on Thursday asked the petitioner to move the investigating agency on the issue.
Salem immaterial to Mumbai blasts
On Salem's plea that his lawyer may be allowed during CBI questioning as he feared forced confessional statements, the court observed it was rejecting it because his petition was based on mere speculation and was also premature.
Designated TADA judge P D Kode, however, granted Salem liberty to move CBI with his plea in this regard.
The court said that no complaint has been made by the accused so far on violation of Article 20 (3) of the Constitution which says that no person accused of any offence shall be compelled to be a witness against himself.
Salem extradition was keenly fought
Under the circumstances, Salem's plea could not (not) be entertained, the court noted and asked him to approach CBI.
Salem's lawyer Ashok Sarogi had pleaded that there was a Supreme Court ruling in the famous Nandini Satpathy vs Government case in which the apex court had allowed lawyers to remain present during interrogation within audible distance.
However, the CBI opposed Salem's plea saying when Nandini Satpathi judgement was delivered by the apex court, the TADA (P) Act had not come into existence. If this act was in existence then perhaps the Supreme Court have given a different ruling, it said.
Interpol alert for Salem's ex-wife
CBI lawyer K S Sharma also pleaded that in the interest of society at large the interrogation should be fair and impartial and hence allowing lawyer during questioning might give him an opportunity to prompt his client or leak information about investigations.
This may hamper free and fair probe, he pleaded.
Salem's 1st wife key to secrets: CBI
Salem, who was extradited from Portugal alongwith his girlfriend Monica Bedi, has been remanded to CBI custody till November 23 by the TADA court and is being interrogated by the investigating agency.
He is charged with distributing arms and ammunition to co-accused prior to the bomb blasts and also faces charges of participating in the conspiracy.
Coverage Coverage: Abu Salem Extradited