The Supreme Court on Tuesday gave the government time till April 18 to respond to gangster Abu Salem's claim that India violated its assurances to a Portuguese court that he would not be sentenced to life imprisonment if found guilty in a case linked to 1993 Mumbai serial blasts.
The case has triggered concern in the Supreme Court about the “international ramifications” India may face if seen to renege on “solemn” promises made to foreign powers and their courts while securing an extradition.
Appearing before a Bench led by Justice Sanjay Kishan Kaul, Solicitor General Tushar Mehta sought more time to file the response in an affidavit.
At one point, the court asked whether the Union Home Secretary would like to, if not in writing, make an oral statement in court.
Salem was arrested in Portugal and extradited to India. He is currently serving life sentence for the 1993 Mumbai serial bomb blasts.
He has argued in the Supreme Court that the punishment of life imprisonment violated the mandates of extradition India had agreed to in 2002.
Advani’s assurance
He said that then Deputy Prime Minister and Home Minister L.K. Advani had given a “solemn sovereign assurance” to a Portugal court that he would neither be sentenced to death nor serve more than 25 years in prison.
However, the Central Bureau of Investigation (CBI), in a recent affidavit, maintained that Mr. Advani’s assurance was no guarantee.
“The solemn sovereign assurance given by the then Deputy Prime Minister of India cannot be construed as a guarantee/undertaking to assure that no court in India would award the punishment provided by Indian laws in force to the accused Abu Salem... The argument of the appellant (Salem) that imprisonment term cannot extend beyond 25 years as per the assurance given is legally unsustainable,” the CBI had claimed in the Supreme Court.
