The Supreme Court on Thursday reserved its judgment in a plea by gangster Abu Salem that India reneged on a “solemn assurance” given to Portugal at the time of his extradition that he will not be sentenced to death or imprisonment for over 25 years in any case.
A Bench of Justices Sanjay Kishan Kaul and M.M. Sundresh heard both the government and Salem’s lawyer, advocate Rishi Malhotra, for almost the entire day.
Earlier, the court had conveyed its displeasure at the government not taking an unequivocal stand regarding the assurance given to Portugal at the time of Salem’s extradition. The Bench had also expressed dissatisfaction over certain portions of an affidavit filed by Union Home Secretary Ajay Kumar Bhalla, which said the court should focus on deciding Salem’s appeal against his conviction and life sentence in the 1993 Mumbai blasts case on its merits and not take into consideration any “assurance” given by India to Portugal.
Mr. Bhalla had maintained that the question of honouring India’s assurances to Portugal would arise only in the year 2030, when the 25-year mark came up.
Salem had approached the Supreme Court, claiming India violated the sovereign assurance by sentencing him to life imprisonment in the Bombay blasts case.
The government argued that the blasts were “undoubtedly a dastardly act conducted with premeditation and the appellant [Salem] played a very active role”. He was an absconder and was brought to India under the Extradition Act of 1962.
But Salem’s case had triggered concern in the Supreme Court about “international ramifications” India may face if it is seen to break its “solemn” promises made to foreign powers while securing an extradition.
