The Supreme court said that the centre must release Abu Salem after serving his 25 years term in jail for the 1993 Mumbai blast case. In a ruling on July 11, the Supreme court said that the centre is bound to release Abu Salem.
Abu Salem is currently in jail. He has claimed that a formal guarantee which was made by India to Portugal for his extradition in 2002 specified that his sentence for the 1993 Mumbai blast case must not exceed 25 years.
And, the central government should advise The President Of India For Exercise Of Power Under Article 72 Of The Constitution And The National Commitment On Completion Of His Sentence, According To A Bench Of Justices S K Kaul And M M Sundresh.
“The necessary papers be forwarded within a month of completion of 25 years. In fact, the government can itself exercise the power of remission under CrPC within the time period of one month upon completion of 25 years,” the bench said.
He was sentenced to life imprisonment on February 25, 2015, in a different case for the 1995 killings of Mumbai-based builder Pradeep Jain and his driver Mehndi Hassan.
After a protracted legal battle, Abu Salem – who was previously convicted in the 1993 Mumbai serial explosions case – was extradited from Portugal on November 11, 2005.
The lawyer for Abu Salem informed the Supreme Court of India that the Supreme Court of Portugal had judged that the accused (Abu Salem) would be returned if the requesting state (India) went beyond the parameters of the extradition agreement.
The SC was informed by Abu Salem’s lawyer that there had been a violation of the promises made to Portugal and the conditions of the agreement.
To which, the supreme court said that The manner wherein the court and the administration exercise their authority differ. Abu Salem’s lawyer also informed that Abu Salem (accused) has already been detained by Portugal since 2002. As per the lawyer, Abu Salem was also detained due to the red corner warning. Additionally, he informed the court that my extradition began in 2003, lasted for nearly two years, and custody was transferred in 2005.
The Union of India honouring its pledge won’t become apparent until the 25-year term has passed, according to an earlier submission by the Center. The judiciary, as the Indian Constitution envisions, is independent in deciding all cases in accordance with the relevant laws, the Center had stated. The judiciary will comply with the assurance given to the Portuguese government during the extradition of gangster Abu Salem at an “appropriate time.”
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