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Salem retracts confession

Staff Reporter

Says it was recorded under pressure

MUMBAI: Extradited underworld don Abu Salem on Tuesday retracted his confession in the 1993 Mumbai serial bomb blasts case saying it was made under pressure.

The confession implicated actor Sanjay Dutt for acquiring rifles and ammunition. It also explained the role of four others in arms procurement and delivery a few weeks before the serial explosions that killed over 200 people.

Corroboration not needed

Under TADA, a confession is admissible as evidence and need not be corroborated. It is also held as an admissible exhibit for the co-accused — in this case Sanjay Dutt, Samir Hingora, Hanif Kadawala, Baba Musa Chauhan, Jebunissa Qazi.

Defence lawyer Subhash Kanse said the designated TADA judge would decide whether the confession was acceptable towards the end of the trial. The truthfulness of the confessional statement and whether it was made voluntarily would be the deciding factors, he added.

Salem's confession was submitted in court in November 2005 and was read in the open court on March 1, 2006 when a supplementary charge sheet was filed. In the confession, Salem said he was unaware of the plan for arms delivery. Only when the vehicle was opened in Sanjay Dutt's house did he come to know of the contents.

The prosecution charge is that Salem delivered rifles, hand grenades and magazines to Sanjay Dutt and was aware of the conspiracy of the serial blasts.

Defence allegation

Earlier, when the confession was submitted in court, the defence counsel alleged that it had been extracted from Salem against his wishes. Advocate Sarogi had said the interrogating agency had to give the accused at least 48 hours to think over the confession and Salem was not given that time.

Special public prosecutor Ujjwal Nikam said, "Abu Salem's retraction will not affect our case. Our case is foolproof and watertight. It is very interesting to note that when this confession was opened in court and copies delivered to the other accused, Abu Salem decided to make these allegations. It obviously means that the persons who are likely to be affected by the confession of Abu Salem have made frantic efforts to see that he retracts it."

Did not complain

He said that after the recording of the confession Salem was taken to the Chief Metropolitan Magistrate, but did not complain. Later, during the court proceedings he did not say anything against the confession, Mr. Nikam added.

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