Abu Salem plea against life term: Will comply with word to Portugal when need arises, MHA tells SC

Hearing a plea by Salem who contended that the 2017 judgment of a Mumbai TADA (Terrorist and Disruptive Activities (Prevention) Act) court sentencing him to life imprisonment in the 1993 Mumbai serial blasts case violated the terms of his extradition to India, the court had earlier asked the government to make its stand clear on the issue.

The affidavit referred to the 2002 assurance which said that “if extradited by Portugal for trial in India, Abu Salem…would not be visited by death penalty or imprisonment for a term beyond 25 years”. Pointing out that this 25-year period will only end in November 2030, the government said that “before the said date”, Salem “cannot raise any arguments based on the said assurance” and “therefore” his “contention…about non-compliance of assurance is premature and based on hypothetical surmises and can never be raised in present proceedings”.

It also said that Salem’s “attempt to club that assurance with merits of the present case is legally untenable”. “Therefore, there is no question of the convict-appellant arguing anything at this stage based upon the said assurance while arguing the present appeal (against his conviction) on the merits of the case which can be argued only based upon the investigation papers, evidence collected…and the findings of the designated court,” the affidavit added.

“The compliance of the assurance dated 17.12.2002 will be done at an appropriate time and (the) Government of India will abide by the assurances in accordance with the law and subject to the remedies as may be available at that stage,” it stated.

Asking the home secretary to file an affidavit in the matter, the court had earlier acknowledged that the offence with which Salem was charged “is serious” but added that the government will, however, have to take a stand keeping in mind the far-reaching implications of its sovereign commitment on future extradition attempts.

“The offence is serious, but in your political wisdom; international wisdom you did something. You have to take care of it. It would have far-reaching ramifications the next time you want someone to come to the country,” the court had said.

The special court in Mumbai had also sentenced Salem’s co-convicts Mustafa Dossa, Karimullah Khan, Feroz Abdul Rashid Khan, Riyaz Siddiqui and Taher Merchant.

While Taher Merchant and Feroz Abdul Rashid Khan were sentenced to death, Karimullah Khan was given life imprisonment. Riyaz Siddiqui, who had been found not guilty of conspiracy, was sentenced to 10 years in jail. Another accused Abdul Qayyum Karim Sheik was acquitted as the prosecution failed to establish the charges against him. The case against Mustafa Dossa was closed after his death during the trial.