Extradition rules flouted: Portugal SC

In a setback for the CBI,Portugals Supreme Court rejected its appeal against the decision of the Lisbon High Court which had held that rules were violated

In a setback for the CBI,Portugals Supreme Court rejected its appeal against the decision of the Lisbon High Court which had held that rules were violated during the extradition of underworld don Abu Salem since he was slapped with new charges that attract death penalty.

The Portuguese SC 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, confirmed a CBI spokesperson.

The CBI,however,maintained that the verdict would have no effect on Salems ongoing trial in Mumbai and Lucknow. Officials pointed out that Portugals Supreme Court has not cancelled Salems extradition,and had only raised a technical point. The agency is planning to file an appeal before the constitutional court of Portugal.

Salem,43,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 judgement was pronounced on September 19 last year stating that there had been breach of the Indian undertaking given to the Portuguese authorities.

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

The CBI had approached Portugals Supreme Court,contending that it was a matter of interpretation of Rule of Speciality by the highest court of India,which was binding on all subordinate courts in the country.

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 his plea on Wednesday.

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Salem,a key accused in the 1993 blast case,was extradited to India with Monica Bedi on November 11,2005,after a marathon legal process in Portugal. 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. The government also undertook that he would not be tried under any special law. The CBI then justified dropping of MCOCA charges,saying it had no option but to agree to Portugals conditions as Salem was holding a Pakistani passport and could have been deported to any country.