Portugal HC revokes extradition of Salem

“An order was passed quashing the extradition of Salem to India on the grounds that the Indian Government had violated the extradition conditions,” the 1993 Mumbai blast accused’s counsel Arvind Kumar Shukla said.

Salem’s counsel had approached the Portuguese High Court after the Supreme Court dismissed his plea last year and upheld the a designated TADA court’s decision to frame additional charges against Salem for 1993 Mumbai blasts in addition to the other grave charges for which he was extradited by Portuguese Government to face trial in India.

Salem’s counsel in Mumbai Sudeep Passbola also said the “Portugal High Court terminated the extradition” and that he was awaiting the orders.

If India fails to convince the Portuguese judiciary,Salem may have to be sent back to a jail in Lisbon.

Sources in the government said New Delhi will be approaching the Portuguese Supreme Court challenging the order.

The then NDA government had given an executive assurance to Portugal in 2005 that after Salem’s extradition he would be tried only in eight cases and will not be awarded imprisonment exceeding 25 years. It was also vowed that the gangster would not be tried under any special law.

CBI also justified dropping of MCOCA charges against Salem saying it had no option but to agree to the conditions of Portugal as the gangster was holding a Pakistani passport and could have been deported to any country.

Salem’s counsel had approached the Portuguese High Court after the Supreme Court dismissed his plea last year and upheld the a designated TADA court’s decision to frame additional charges against Salem for 1993 Mumbai blasts in addition to the other grave charges for which he was extradited by Portuguese Government to face trial in India.

Salem,the prime accused along with underworld don Dawood Ibrahim in 1993 Mumbai serial blasts,and his girlfriend Monica Bedi,were extradited to India on November 11,2005,after a tortuous legal process in Portugal lasting three years.

The extradition of Salem,who is also wanted in various cases including the murder of noted film producer Gulshan Kumar,came after an assurance by the Indian Government to Portugal that he would not be given death penalty,an important requirement in extradition proceedings in Europe.

The underworld don had been extradited to India in eight cases which included the serial blasts,two cases of forgery of passports from Lucknow,three cases of extortion in Delhi and two murder cases in Mumbai which included murder of Ajit Dewani,secretary of Bollywood actress Manisha Koirala.

Salem’s was the first successful extradition from any European country to India involving a person accused of committing heinous crimes.