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Abu Salem a convict now, can be shifted out of Taloja prison: Bombay High Court

The Bombay high court on Tuesday clarified that the order passed by the TADA court shifting gangster Abu Salem from Thane prison to Taloja prison was not maintainable. The HC arrived at its decision citing that Salem was no longer an undertrial, but a convict. Accordingly, the state can now shift Salem to another prison, under the Prisoners Act of 1900.

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The Bombay high court on Tuesday clarified that the order passed by the TADA court shifting gangster Abu Salem from Thane prison to Taloja prison was not maintainable. The HC arrived at its decision citing that Salem was no longer an undertrial, but a convict. Accordingly, the state can now shift Salem to another prison, under the Prisoners Act of 1900.

A division bench of Justices Ranjit More and Anuja Prabhudessai also disposed off the appeal filed by the state government challenging the TADA (Terrorist and Disruptive Activities (Prevention) Act) court order, on the grounds that Salem needed to be removed to Thane prison, as there were intelligence inputs of threat to his life.

The TADA court is likely to sentence Salem on Wednesday. He has been convicted for his role in the murder of developer Pradeep Jain.

Salem was shifted from the Arthur road prison to Taloja after he was attacked in 2010 by Mustafa Dossa, the alleged aide of Dawood Ibrahim. Dossa, a co-accused in the 1993 serial bomb blast, attacked Salem with a spoon.

Salem, who was deported from Portugal in 2005 was lodged in the Arthur road prison's Anda Cell till the attack. After sustaining injuries on his hand and face, he was moved by prison authorities.

However, in 2013, Salem was allegedly shot at by gangster Devendra Jagtap, an accused in the murder of advocate Shahid Azmi, who had represented an accused in the 26/11 Mumbai terror attack case, in Taloja central jail on June 27, 2013.

After that, Salem was moved from Taloja to Thane prison, but in 2014, the special TADA court had directed prison authorities to move him back to Taloja, after he had moved an application before the same.

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