Pinnacle court reserves order on Abu Salem’s case

06-05-2022

The Top court today reserved its judgment during a plea by gangster Abu Salem that India reneged on a “solemn assurance” given to Portugal at the time of his extradition that he won't be sentenced to death or imprisonment for over 25 years in any case.

A Bench of Justices Sanjay Kishan Kaul and M.M. Sundresh heard both the govt and Salem’s lawyer, advocate Rishi Malhotra, for pretty much the whole day.

Earlier, the court had conveyed its displeasure at the govt. not taking an unequivocal stand regarding the peace of mind given to Portugal at the time of Salem’s extradition. The Bench had also expressed dissatisfaction over certain portions of an affidavit filed by Union Home Secretary Ajay Kumar Bhalla, which said the court should concentrate on deciding Salem’s appeal against his conviction and life within the 1993 Mumbai blasts case on its merits and not take into consideration any “assurance” given by India to Portugal.

Mr. Bhalla had maintained that the question of honouring India’s assurances to Portugal would arise only within the year 2030, when the 25-year mark came up.

Salem had approached the Supreme Court, claiming India violated the sovereign assurance by sentencing him to immurement within the Bombay blasts case.

The government argued that the blasts were “undoubtedly a dastardly act conducted with premeditation and also the appellant [Salem] played a really active role”. He was an absconder and was dropped at India under the Extradition Act of 1962.

But Salem’s case had triggered concern within the Supreme Court about “international ramifications” India may face if it's seen to interrupt its “solemn” promises made to foreign powers while securing an extradition.