SC Verdict On July 11 On Abu Salem Plea Challenging Life Term
SC had on May 5 reserved its judgement in the matter where Centre argued that judiciary is independent of the solemn sovereign assurance given to Portugal government during Salem's extradition in 2002
New Delhi: The Supreme Court is scheduled to pronounce on July 11 its verdict on gangster Abu Salem's plea challenging his life imprisonment in the 1993 Mumbai blasts case on the ground that his sentence could not exceed 25 years as per a solemn assurance given by India to Portugal for his extradition in 2002.
As per the cause list of July 11 uploaded on the apex court website, a bench of Justices S K Kaul and M M Sundresh would pronounce the verdict on that day.
The top court had on May 5 reserved its judgement in the matter in which the Centre had argued that the judiciary is independent of the solemn sovereign assurance given to the Portugal government during the extradition of Salem in 2002 and it is up to the executive to take a call on it at an appropriate stage.
Appearing for the Centre, Additional Solicitor General K M Nataraj had told the court that the "government is bound by the solemn sovereign assurance given by then deputy Prime Minister L K Advani to the Portugal government and it will abide by it at an appropriate time".
He had argued that the court is not bound by the solemn assurance and it can pass orders as per the law.
"Solemn sovereign assurance cannot be forced on the judiciary. The Executive will act on it at an appropriate stage. We are bound by the solemn sovereign assurance in this regard. Judiciary is independent, it can proceed as per law," he had said.
The bench had told Nataraj that arguments made by advocate Rishi Malhotra, representing Salem, was that the court should decide on the solemn assurance and reduce his sentence from life term to 25 years or direct the government to take a call on the assurance given during his extradition.
The top court had observed that the second issue was of a set-off period as the argument made at the bar was that Salem was arrested in Portugal subsequent to a red corner notice issued on the orders of the court here and he has gone detention there till his extradition to India.
Nataraj had argued that there are judgements to the effect that a life sentence means entire life and there could be no remission.
Malhotra had argued that the assurance was in clear terms that if extradited by Portugal for trial in India, Salem would not be awarded death penalty or imprisonment for a term beyond 25 years.
"The said solemn assurance dated December 17, 2002, was further reiterated by way of supplementary assurance by the Ambassador of India to the Government of Portugal on May 25, 2003, with a further assurance that the appellant will not be prosecuted for offences other than those for which his extradition has been sought”, he had said.
On February 25, 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995, along with his driver Mehndi Hassan.
Salem, also a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
In June 2017, Salem was convicted and later awarded life sentence for his role in the 1993 serial blasts case in Mumbai.
On March 12, 1993, the country's commercial capital had witnessed an unprecedented attack with 12 explosions that took place one after another in about two hours.
The dastardly attacks had left 257 dead and 713 people seriously injured, and destroyed properties worth crores. PTI ABA ABA TIR TIR
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