SC stays Salem trial in TADA cases

Salem was extradited to India in November 2005 to stand trial in a total of eight cases.

Staying the trial of gangster Abu Salem in two TADA cases,one of which is related to the 1993 Mumbai serial blasts,the Supreme Court on Friday agreed to consider the circumstances in which the Supreme Court of Justice,Portugal,upheld a lower court decision to scrap his extradition order.

The Supreme Court of Justice,Portugal,had on January 11 dismissed an appeal by the Government of India and confirmed an order passed by the Lisbon Court of Appeals that the ongoing criminal proceedings in India violated

express conditions for Salems extradition to India that he be not tried for any offence attracting death penalty or imprisonment for a period spanning over 25 years.

Salem was extradited to India in November 2005 to stand trial in a total of eight cases.

He has now approached the Supreme Court against the TADA courts order of January 31,rejecting his plea for closure of his trial on the basis of the decisions by the Portuguese courts.

Admitting his petition,a Bench of Justices P Sathasivam and J S Chelameswar issued notice to the CBI and impleaded the Union of India through the Ministry of External Affairs in the case. The court gave both parties four weeks to prepare their responses. It further called upon Attorney General G E Vahanvati to assist the court in the matter.

Though the Bench stayed the ongoing criminal proceedings in the two TADA cases happening in Mumbai,it refused to direct the same in the other pending cases against Salem. He is accused of the murder of noted film producer Gulshan Kumar. Salem is currently lodged at Arthur Road Jail in Mumbai.

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We have to respect the decisions of the Court of Appeals and the Supreme Court of Justice,Portugal. But at the same time there is a larger issue involved. We have to consider this matter, the Bench said.