MUMBAI: Underworld don Abu Salem, who was extradited from Portugal last week, will have his London-based lawyer Harjot Singh represent him from Wednesday, his counsel O.A. Siddiqui has confirmed.

Facing a host of charges under the Indian Penal Code and the Terrorist and Disruptive Activities (Prevention) Act (TADA), Salem is represented by two other lawyers apart from Mr. Siddiqui.

The designated TADA court will also decide on Tuesday the application plea about the presence of a defence lawyer within audible distance during Salem's interrogation. Salem has been remanded to CBI custody till November 23.

Strict laws

Speaking to The Hindu , Mr. Siddiqui said Mr. Harjot Singh was better acquainted with the extradition proceedings and would be able to throw more light on the case. However, it was certain that Salem could not be tried for any other case apart from the eight listed on the basis of which the extradition was negotiated. He said Monica Bedi would have to be tried only for the forgery case and not others. "Otherwise, she will be sent back. These laws are very strict," he said.

Following the confusion regarding extradition laws and permission to try Salem for only eight of the over 50 cases, the CBI clarified that for further trials, different agencies such as the Mumbai police would have to negotiate with the Portuguese authorities separately.

Clarification

The Mumbai police also clarified that they would seek legal opinion and follow procedures to try Salem in more than 20 cases of extortion, threats and murder in Mumbai. One of the cases not listed relates to the murder of music baron Gulshan Kumar. The police had named Salem as one of the prime accused after the murder in August 1997. Except for the gunman, all the other accused were acquitted due to lack of evidence.

Referring to media reports two days ago that Salem had "confessed" to his involvement in the 1993 blasts, Mr. Siddiqui explained the legalities regarding statements made during interrogation and confessional statements. Statements made during interrogation, or information given to investigating officers regarding recovery of articles, or taking them to the spot, is not a confession, he said.

For a confession made under TADA, it is mandatory for the investigating officer to tell the accused that he does not have the authority to record the confession. Confessions can be recorded only by an officer of the rank of Superintendent of Police, has to be made voluntarily and under no pressure.

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