SC dismisses Salem plea in Mumbai blasts case
Dismissing the appeal of extradited mafia don Abu Salem, the Supreme Court on Friday made it clear that the accused can be tried for serious offences, including those entailing murder charges, even though the Portugal government had laid a pre-condition for his extradition: that he would not be awarded the death penalty.
Salem had moved the apex court challenging his trial on offences other than those mentioned in the extradition agreement between the Portuguese and Indian governments.
Abu Salem was extradited from Portugal in November 2005 on the basis of an undertaking given by the previous National Democratic Alliance government after then deputy prime minister L.K. Advani and then minister of state for external affairs Omar Abdullah promised that he (Salem) would not be awarded the death penalty.
Dismissing his appeal, a division bench comprising Justices P. Sathasivam and A.K. Ganguly held that Salem can be tried for offences under Sections 302 (murder) and 120-B (criminal conspiracy) of the Indian Penal Code, apart from other offences under the Terrorist and Disruptive Activities (Prevention) Act (Tada) in connection with his alleged involvement in the 1993 Mumbai serial blasts.
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