The Supreme Court on Monday held as “valid in the eyes of law” the extradition of underworld gangster Abu Salem from Portugal in 2005 despite that country’s apex court terminating his repatriation to India on the ground that the authorities here had violated the terms of extradition.
Holding that the verdict of Portugal’s court is “not binding” on courts here, a bench headed by Chief Jusice P. Sathasivam turned down Salem’s plea seeking quashing of all proceedings against him, including those pertaining to his involvement in the 1993 Mumbai serial blasts. Salem had contended that since the Portugese top court has terminated his extradition to India, the proceedings against him in courts here cannot be carried out anymore.
The court directed the Centre to approach an international forum to settle down the divergent views or reconcile via diplomatic channels. The apex court, however, allowed the CBI to drop additional charges slapped on Salem after his extradition, under Tada and Explosive Substances Acts. At the time of Salem’s extradition, India had assured Portugal that no charges entailing death penalty or imprisonment of more than 25 years would be pressed against him, but such charges were later brought in. The Supreme Court had stayed Salem’s trial after he approached it against the TADA court’s order of January 31, rejecting his plea for closure of his trial.
Attorney-general G.E. Vahanwati had said the government was committed to its assurance given to the Portuguese court and had sought the apex court’s permission to drop the additional charges, which entailed more than 25 years imprisonment, framed against Salem by the trial court. The CBI had sought the court’s permission for withdrawal of charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act in view of its commitment to the Portuguese government.
Forty five-year-old Salem is currently lodged in Arthur Road Jail in Mumbai. Following the Portugal SC’s order, he had appealed to the Tada court, saying that the trial against him should be closed.