Not abiding by promises made to Portugal on Abu Salem may have wider impact SC tells Centre
08 Mar 2022 15:31:00
Mumbai, March 8: In 2002, the then deputy prime minister and home minister of India, LK Advani, assured a Portuguese court that gangster Abu Salem would not be sentenced to death / imprisoned for over 25 years after his extradition to India.
The CBI then filed an affidavit claiming that Indian courts are not bound by the assurance given to the Portuguese court in 2002.
The CBI then filed an affidavit claiming that Indian courts are not bound by the assurance given to the Portuguese court in 2002.
“This has far-reaching ramifications for the next time you want to extradite someone,” the court added, asking the home secretary to file an affidavit in 21 days. The next hearing in the case will take place on April 10.
After his conviction in the 1993 Mumbai blasts case, Abu Salem moved the Supreme Court, challenging life imprisonment awarded to him on the grounds that it violates the extradition treaty with Portugal.
The question about India’s commitment to its promises came up during a hearing on the “solemn sovereign assurance” made to a Portugal court to realise the extradition of one-time mob boss Abu Salem. Salem was arrested in Portugal and extradited to India. He is currently serving a life sentence for the 1993 Mumbai serial bomb blasts.
The CBI then filed an affidavit claiming that Indian courts are not bound by the assurance given to the Portuguese court in 2002.
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The affidavit said, "The solemn sovereign assurance given by the then deputy prime minister of India cannot be construed as a guarantee/undertaking to assure that no court in India would award the punishment provided by Indian laws in force to accused Abu Salem The life sentence awarded by the trial court is legally correct and needs no interference."
The CBI then filed an affidavit claiming that Indian courts are not bound by the assurance given to the Portuguese court in 2002.
“This has far-reaching ramifications for the next time you want to extradite someone,” the court added, asking the home secretary to file an affidavit in 21 days. The next hearing in the case will take place on April 10.