Feb 17 2015 : The Times of India (Mumbai)
Abu Salem convicted in 1995 murder of builder
Rebecca Samervel
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& S Ahmed Ali
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A special Terrorist and Disruptive Activities (Prevention) Act (TADA) court in the city on Monday convicted extradited gangster Abu Salem in the 1995 murder of builder Pradeep Jain. This is the first conviction under the stringent Act for Salem, who is also being tried under the Act in the 1993 Mumbai blasts case.Holding Salem guilty , special judge G A Sanap said, “In the backdrop of the use of sophisticated firearms and the brutal murder committed by pumping 17 bullets into the body of Pradeep Jain and causing bullet injury to Sunil Jain (the builder's brother), the prosecution has proved the act was done with an intention to strike terror in the minds of the Jains and the builder community .“
The judge also convicted Mehendi Hassan (50), a former driver, for the murder while holding rival builder V K Jhamb (86) guilty of only extortion. Sunil is an eye witness to the murder that took place in the Jains's Juhu office on March 7, 1995. Hitmen hired by Salem carried out the killing. Gangster Abu Salem and former driver Mehendi Hasan were on Monday held guilty of murdering city builder Pradeep Jain in 1995. A special Tada court that held them guilty will pronounce the sentence against the duo and builder V K Jhamb after hearing arguments from the prosecution and defence on Tuesday .Wheelchair-bound Jhamb, who has been out on bail, has not yet been taken into custody.
Salem seemed upset following the conviction. He is likely to move the apex court as appeals against convictions under Tada cannot be filed in the high court. Special public prosecutor Ujjwal Nikam said, “This judgment will give a strong jolt to the Dawood Ibra him gang because it has now been judicially proved that Abu Salem, along with Anees Ibrahim (Kaskar), had hatched a criminal conspiracy to commit terrorist acts in India.“
The court relied on the retracted confessions of Salem and Hasan and said it was corroborative evidence to the proof provided by accusedturned-approver Naeem Khan.The judge said, “The evidence adduced by the prosecution is concrete, cogent and reliable.“
He said it was proved that the conspiracy was hatched in Dubai in OctoberNovember 1994 by Salem, Khan, Hasan, and wanted accused Anees Kaskar and Shaukat Mistry .
Judge Sanap said the gang wanted to pressure and force the Jain brothers, partners in Kamla Construction Company , to surrender their rights over a property at Kol Dongri, Andheri, to another builder.
Relying on the statement of Pradeep's wife Jyoti, the judge said it had been proved that it was Salem who had called their home when she took the call before handing over the phone to her husband. “The prosecution has proved that a heated exchange of words and abuse took place between Salem and Pradeep Jain. The ego of the accused was deeply hurt and as a result, Jain was murdered,“ the judge said. After the murder, Salem, Hassan and Jhamb forced the Jains to hand over three flats. “Jhamb arranged to send the purchase price to Salem in Dubai through hawala,“ Judge Sanap said. Accusedturned-approver Riyaz Siddiqui, who retracted his statement, is being tried separately.
Also see P9
Second big success for cops after Gawli
Abu Salem is the second big gangster to be convicted in recent years after Arun Gawli, who was convicted in 2012 for Shiv Sena corporator Kamlakar Jamshandekar's murder in 2007.Police commissioner Rakesh Maria headed both investigations (in 1995, in the Salem case, he was deputy commissioner, crime branch).He has credited officers KPS Raghuvanshi, Sunil Deshmukh, Dhananjay Duand, Sukhlal Varpe, A Talpade, J Jadhav, Sunil Mane and Dinesh Kadam for taking the Salem case to its conclusion. Police have also congratulated accusedturnedapprover Nayeem Shaikh.
The judge also convicted Mehendi Hassan (50), a former driver, for the murder while holding rival builder V K Jhamb (86) guilty of only extortion. Sunil is an eye witness to the murder that took place in the Jains's Juhu office on March 7, 1995. Hitmen hired by Salem carried out the killing. Gangster Abu Salem and former driver Mehendi Hasan were on Monday held guilty of murdering city builder Pradeep Jain in 1995. A special Tada court that held them guilty will pronounce the sentence against the duo and builder V K Jhamb after hearing arguments from the prosecution and defence on Tuesday .Wheelchair-bound Jhamb, who has been out on bail, has not yet been taken into custody.
Salem seemed upset following the conviction. He is likely to move the apex court as appeals against convictions under Tada cannot be filed in the high court. Special public prosecutor Ujjwal Nikam said, “This judgment will give a strong jolt to the Dawood Ibra him gang because it has now been judicially proved that Abu Salem, along with Anees Ibrahim (Kaskar), had hatched a criminal conspiracy to commit terrorist acts in India.“
The court relied on the retracted confessions of Salem and Hasan and said it was corroborative evidence to the proof provided by accusedturned-approver Naeem Khan.The judge said, “The evidence adduced by the prosecution is concrete, cogent and reliable.“
He said it was proved that the conspiracy was hatched in Dubai in OctoberNovember 1994 by Salem, Khan, Hasan, and wanted accused Anees Kaskar and Shaukat Mistry .
Judge Sanap said the gang wanted to pressure and force the Jain brothers, partners in Kamla Construction Company , to surrender their rights over a property at Kol Dongri, Andheri, to another builder.
Relying on the statement of Pradeep's wife Jyoti, the judge said it had been proved that it was Salem who had called their home when she took the call before handing over the phone to her husband. “The prosecution has proved that a heated exchange of words and abuse took place between Salem and Pradeep Jain. The ego of the accused was deeply hurt and as a result, Jain was murdered,“ the judge said. After the murder, Salem, Hassan and Jhamb forced the Jains to hand over three flats. “Jhamb arranged to send the purchase price to Salem in Dubai through hawala,“ Judge Sanap said. Accusedturned-approver Riyaz Siddiqui, who retracted his statement, is being tried separately.
Also see P9
Second big success for cops after Gawli
Abu Salem is the second big gangster to be convicted in recent years after Arun Gawli, who was convicted in 2012 for Shiv Sena corporator Kamlakar Jamshandekar's murder in 2007.Police commissioner Rakesh Maria headed both investigations (in 1995, in the Salem case, he was deputy commissioner, crime branch).He has credited officers KPS Raghuvanshi, Sunil Deshmukh, Dhananjay Duand, Sukhlal Varpe, A Talpade, J Jadhav, Sunil Mane and Dinesh Kadam for taking the Salem case to its conclusion. Police have also congratulated accusedturnedapprover Nayeem Shaikh.
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