Salem extradition invalid,rules Portugal SC; CBI firm on trial

Salem given up on assurance he would not get death; but new charges against him carry death penalty.

Portugal8217;s Supreme Court has rejected a CBI appeal against a lower court decision which held that rules have been breached on the extradition of underworld don Abu Salem by slapping new charges that attract death penalty.

43-year-old Salem,who was extradited to India in 2005,had filed a petition in the High Court in Lisbon alleging violation of Rule of Speciality after which a judgment was pronounced on September 19 last year,saying there had been breach of the Indian undertaking given to the Portuguese authorities.

India had given an 8216;executive assurance8217; to Portugal that Salem would not be given death penalty or charged with any section of the law which entails jail term of more than 25 years.

The CBI,through the Ministry of External Affairs,had filed a plea in the Portuguese Supreme Court contending that it was a matter of interpretation of the Rule of Speciality by the highest court of India,which was binding on all subordinate courts in the country,official sources said.

India had argued that the High Court in Lisbon had interpreted the rule differently.

8220;The Portuguese Supreme Court has upheld the decision of the Court of Appeal,Lisbon vide which it had held that there was a breach of Rule of Speciality in the matter of extradition of Abu Salem. There is expected to be no repercussion on status of Abu Salem and on the on-going trial against him. Trial courts at Lucknow and Mumbai have rejected his petitions,8221; a CBI spokesperson said here today.

She clarified the Supreme Court,vide its decision dated January 14,has not cancelled the extradition of Salem and it was only a technical point which has been raised.

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Meanwhile,Salem has moved a TADA court in Mumbai seeking closure of the trial against him in the 1993 Mumbai blasts case,saying continuing it will be illegal.

The TADA court will hear Salem8217;s plea tomorrow.

CBI,on the other hand,argued that though the Portugal High Court had terminated extradition of Salem,the government of India had challenged the order in the Supreme Court of that country and until a final order was passed by the apex court,the proceedings against the gangster in Indian courts could not be stayed.

Salem,a key accused in the 1993 bomb blast case,was extradited to India along with Monica Bedi on November 11,2005,after a marathon legal process in Portugal lasting three years.

In 2005,the NDA government gave the executive assurance to Portugal that Salem would be tried only in eight cases and would not be awarded imprisonment exceeding 25 years. It was also assured that he would not be tried under any special law.

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The CBI then justified dropping MCOCA charges,saying it had no option but to agree to Portugal8217;s conditions as the gangster was holding a Pakistani passport and could have been deported to any country.

Salem8217;s counsel approached the Portuguese High Court after the Supreme Court in India dismissed his plea in 2010 and upheld the designated TADA court8217;s decision to frame additional charges against him for the 1993 Mumbai blasts,in addition to the other grave charges for which he was extradited to face trial in India.

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 include the killing of Ajit Dewani,secretary of Bollywood actress Manisha Koirala.

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