Lisbon court rejects plea on Abu Salem, again

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In a setback to the CBI, the Constitutional Court of Portugal has turned down India’s plea challenging the order of the Supreme Court of Justice (Portugal), which had terminated the extradition of gangster and 1993 Mumbai serial blast accused Abu Salem to India.

The CBI may file a review petition in the Constitutional Court there through diplomatic channels, sources in the agency said. “The order is not expected to have any repercussions on the status of Salem and on the ongoing trial against him in India,” sources said.

Experts, however, believe the order of the Portugal court may adversely effect India’s extradition requests pending in several countries.

The Supreme Court of Justice (Portugal) had earlier upheld the verdict of the high court of Lisbon which had terminated the extradition of Salem.

Sources in the CBI said, “In its legal interpretation of the Salem extradition matter, the Constitutional Court has turned down India’s plea to appeal on the grounds that it does not have locus standi or legitimacy. The order of the Constitutional Court is being examined and other available options are being explored.”

India, in its plea, had given an assurance to Portugal that it would not slap any additional charges which invoke the death penalty on Salem and would not keep him behind bars for more than 25 years.

Sources said, “India, in its plea, had also mentioned the recent order of the Supreme Court of India whereby it had stayed the trial against Salem with regard to additional charges levelled against him.”

The Portugal Supreme Court had upheld the high court order cancelling the extradition of Salem for violation of deportation rules by the Indian authorities on the grounds that new charges were slapped against him which attracted the death penalty.

The high court, (Lisbon) in its order on September 20, 2011, had terminated its government’s authorisation of the extradition of Salem to India in November 2005 to face trial in around eight cases.

Cancelling the extradition, the high court had accused Indian probe agencies (including the CBI) of violating the conditions under which he was permitted to be taken to India in November 2005.

Sources said, “The issue of ‘violation of the rule of specialty’ has been examined at length by the Supreme Court of India.”