PORTUGAL: EXTRADITION TREATY WITH INDIA VIOLATED IN ABU SALEM'S CASE

January 14, 2012: Portugal's Supreme Court has rejected a Central Bureau of Investigation (CBI) appeal against a lower court decision which had held that rules have been breached on extradition of Abu Salem to India in November 2005 to face trial in around eight cases, including the 1993 Mumbai blasts. Salem had filed a petition in the high court in Lisbon alleging violation of Rule of Speciality after which a judgement was pronounced on 19 September, last year, saying there had been breach of the Indian undertaking given to the Portuguese authorities.
India had given an 'executive assurance' to Portugal that Salem will not be given death penalty or charged with any section of law which entails jail term of more than 25 years, but the high court noted that the Indian government had slapped new, additional charges against Salem which entailed the death penalty. It said the authorisation granted for his extradition had therefore terminated as it violated the "rule of speciality".
The CBI, through ministry of external affairs, had filed a plea in the Portuguese Supreme Court contending that it was a matter of interpretation of Rule of Speciality by the highest court of India, which was binding on all subordinate courts in the country, official sources said.
"There is expected to be no repercussion on status of Abu Salem and on the on-going trial against him. Trial courts at Lucknow and Mumbai have rejected his petitions," a CBI spokesperson said. She clarified that the Supreme Court, vide its decision dated 14 January, has not cancelled the extradition of Salem and it was only a technical point which has been raised.
Meanwhile, Salem has moved a TADA court in Mumbai seeking closure of the trial against him in the 1993 Mumbai blasts case, saying continuing it will be illegal. (Sources: www.rediff.com and www.expressindia.com, 17/01/2012)