The Hindu : National : Abu Salem interrogation: apex court declines to stay ruling

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Saturday, Dec 10, 2005

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Abu Salem interrogation: apex court declines to stay ruling

Legal Correspondent

Special Leave Petition is against reversal of TADA court's curbs

New Delhi: The Supreme Court on Friday declined to stay a Bombay High Court ruling, which quashed the TADA court order that only two officers could interrogate the underworld don, Abu Salem, in police custody.

A Bench, consisting of Justices K.G. Balakrishnan and P.P. Naolekar, told counsel Imtiaz Ahmed, who made a mention for early hearing, that it would not pass any order at this stage. The matter would come up for hearing in the normal course on January 2, 2006.

The Terrorist and Disruptive Activities (Prevention) Act court in Mumbai on November 29 put restrictions on the Anti-Terrorist Squad, following a plea by Salem that several police officers were interrogating him, making him feel restless. On an appeal by the police, the High Court set aside the TADA court's order.

In his special leave petition, Salem said the TADA court order conformed to the safeguards provided to the accused under the Constitution and was in the spirit of a plethora of apex court judgments safeguarding the rights of undertrials.

No jurisdiction

The High Court had no jurisdiction to entertain the police appeal. For, all appeals against the orders and judgments of the TADA court would lie only in the Supreme Court. Great prejudice was caused by the High Court reversing its order, Salem said.

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