Abu Salem must be released, says Supreme Court
Premium1993 Mumbai blasts: The Supreme Court has said that the Centre is bound to release Abu Salem on completion of the 25-year sentence.
The Centre must release the gangster Abu Salem after serving his 25-year term in the 1993 Mumbai bombings case, according to the Supreme Court's ruling on July 11.
Salem had claimed that a formal guarantee made by India to Portugal for his extradition in 2002 stipulated that his sentence must not exceed 25 years. The Central Government Must Advise The President Of India For Exercise Of Power Under Article 72 Of The Constitution And The National Commitment On Completion Of His Sentence, According To A Bench Of Justices S K Kaul And M M Sundresh.
"The necessary papers be forwarded within a month of completion of 25 years. In fact, the government can itself exercise the power of remission under CrPC within the time period of one month upon completion of 25 years," the bench said.
Abu Salem was sentenced to life in prison on February 25, 2015, in a separate case for the 1995 slayings of Mumbai-based builder Pradeep Jain and his driver Mehndi Hassan.
After a protracted legal battle, Abu Salem - who was previously convicted in the 1993 Mumbai serial explosions case - was extradited from Portugal on November 11, 2005.
The attorney for Abu Salem informed the Supreme Court of India that the Supreme Court of Portugal had ruled that the accused (Abu Salem) would be returned if the requesting state (India) went beyond the parameters of the extradition agreement. The SC was informed by Abu Salem's attorney that there had been a breach of the promises made to Portugal and the conditions of the agreement.
The SC had noted that the ways in which the administration and the court exercise their authority differ. The attorney for Abu Salem also informed the court that his client had been detained in Portugal since 2002. According to the attorney, Abu Salem was also detained due to the red corner warning. Additionally, he informed the court that my extradition began in 2003, lasted for nearly two years, and custody was transferred in 2005.
The Union of India honouring its pledge won't become apparent until the 25-year term has passed, according to an earlier submission by the Center. The judiciary, as the Indian Constitution envisions, is independent in deciding all cases in accordance with the relevant laws, the Center had stated. The judiciary will comply with the assurance given to the Portuguese government during the extradition of gangster Abu Salem at a "appropriate time."
(With agency inputs)