Salem: SC reserves order on plea to drop serious charges

Portuguese courts have not terminated his extradition,Centre tells apex court

The Centre Tuesday claimed before the Supreme Court that extradition of gangster Abu Salem has not been terminated by the Portuguese courts and that the final decision to revoke the extradition for allegedly breaching the terms of treaty rested with the foreign government.

Even as a Bench of Justices P Sathasivam and J Chelameswar reserved its verdict on the governments plea to drop serious charges in the 1993 Mumbai serial blasts case against Salem,the Centre asserted it was willing to give the leeway only because it wanted trial to proceed and justice be delivered.

The petitioner Salem is wrong in saying that the order of extradition has been revoked last year. The crux of the decision by the Portuguese Constitutional Court is clear that it is for the Portuguese government to take the ultimate decision. And as on date,the government of India has no request from the foreign government for Salems repatriation or re-extradition, Attorney General G E Vahanvati said.

Reading out from the translated versions of the judgments by the Portuguese courts,Vahanvati contended that the move to drop additional charges was taken in the larger interest of justice and that a diplomatic channel was active with the Portuguese government.

We dont want to take a chance and therefore we are willing to drop additional charges against Salem. We have sent a request through our diplomatic channel to Portuguese government,expressing our reasonable belief that this court will allow charges to be dropped so that we are not seen as violating the principle of speciality, he added.

Centre has requested the apex court to reconsider,modify or clarify its judgment of September 10,2010,wherein the court upheld CBIs stand to make Salem stand trial under charges of TADA,Explosive Substances Act and Explosives Act.

By this order,the Supreme Court had dismissed Salems contention that the charges framed by the special court in Mumbai in addition to what was enumerated in the extradition agreement were in violation of the treaty.

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Salem was extradited to India in November 2005 on an assurance by the Indian government to Portugal that he would not be visited by death penalty nor would he be subjected to imprisonment for a term beyond 25 years.

However,the designated court framed charges in 2006 for different offences for his alleged role in the 1993 Mumbai serial blasts,including additional charges.

Vahanvati Tuesday pleaded the court to modify its verdict in view of contrary views taken by the Portuguese courts.

He added that the CBI was also willing to drop the charges in two passport cases against Salem.