MUMBAI: The extradited underworld don Abu Salem's lawyer, O.A. Siddiqui, on Tuesday demanded that the designated Terrorist and Disruptive Activities (Prevention) Act court let him read his client's confession to ascertain if it was given voluntarily, without any allurement of bail or possible discharge.

In the morning, judge P.D. Kode opened the packet, which the Central Bureau of Investigation submitted on Monday, and read the 16-page confession. The papers were put back into the packet and sealed again.

Mr. Siddiqui submitted that Salem had made it clear that he did not wish to make a confession. So he wanted to know how the CBI managed to get it. He could exercise the Right to Information Act to gain access to the statement. The matter will be heard on Wednesday. Salem will also be produced before the court.

Special public prosecutor Ujjwal Nikam objected to the request saying the investigation was at a premature stage and showing the confessional statement to counsel would hamper the probe. No doubt, the accused was entitled to a copy of the confession statement, but it could be given only when the charge sheet was filed.

Later, Mr. Nikam told reporters that the confessional statement could not be obtained under the Right to Information Act.

Mr. Siddiqui said he had every right to get it but could not specify the legal provision. If the confession was a voluntary statement what was the harm in showing it to defence? The 16-page statement had a three-page introduction, which said Salem wanted to confess and he was given 48 hours to think it over. The statement was recorded on November 19. Mr. Siddiqui said he met his client on Sunday (November 20), and he did not say anything about a confession. He alleged that it was fudged by the CBI. Confessions under the TADA Act can be recorded only by an officer of the rank of Superintendent of Police and the accused has to be warned that the confession can lead to conviction after it is submitted in court. Even after the confession is recorded, the accused will have to be given 48 hours to think over the decision.

Mr. Siddiqui said there was a likelihood that Salem was under "tremendous pressure" and he appeared "totally broken down."

Counsel has also filed an application saying the CBI on Monday told Salem's other lawyer, Ashok Sarogi, that if defence obstructed the agency's work, the advocates would be "removed." Mr. Siddiqui's application, filed earlier, that he did not wish to continue as Salem's lawyer, will be heard on Wednesday.

© Copyright 2000 - 2009 The Hindu