May create problems in extradition of other fugitives: SC to Centre in Abu Salem case

The Supreme Court on Tuesday asked the Union home secretary to file an affidavit, whether the Centre is committed to adhere to the assurance given by the then deputy Prime Minister L.K. Advani to Portugal authorities, to not incarcerate gangster Abu Salem for more than 25 years while seeking his extradition.

A bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh said the Centre has to make its stand clear on the issue.

The bench emphasized that not abiding by the assurance made to the Portugal authorities, could have wider ramifications and it may create problems while seeking extradition of fugitives from other countries. The top court said it is not happy with the CBI's reply in the matter.

The CBI, in its affidavit, has told the top court that an Indian court is not bound by the assurance given in 2002 by the then deputy prime minister to the courts in Portugal that gangster Abu Salem would not be imprisoned beyond 25 years after his extradition to India.

Advocate Rishi Malhotra, representing Salem, argued before the bench that as per the principle of reciprocity in Portugal the courts cannot award a sentence for more than 25 years. He added that based on the principle of reciprocity, the Government of India had given a solemn sovereign assurance to the Portugal courts that in case Salem is permitted to be extradited back to India, he will not be given punishment for more than 25 years.

The top court has sought response from the Centre in three weeks.

Salem was brought to India in 2005 and sentenced to life imprisonment for his role in the 1993 Mumbai blasts.