The appeal came up today before a division bench of Justices Ranjit More and Anuja Prabhudessai which said it would hear it on February 23.
Salem, who was deported from Portugal in 2005, has also been asked to file an affidavit stating his stand.
Borwankar had recently transferred Salem from Taloja to Thane. She relied on a letter by Portuguese government and also a report of special investigation team of the police, both of which said there was a threat to his life.
His lawyer pointed out that the transfer order was passed without the court's permission. As Salem was in judicial custody in the builder Pradeep Jain murder case, the TADA court passed an order reversing the transfer order.
Salem faced threat from a fellow 1993 Mumbai blasts accused Mustafa Dossa and fugitive gangster Chotta Shakeel, his lawyer had said.
An inmate of Taloja jail had shot Salem a few months ago but he escaped with a minor injury to hand. He was convicted by the TADA court in the Jain murder case two days ago.
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