{"id":259056,"date":"2022-03-08T14:10:52","date_gmt":"2022-03-08T08:40:52","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=259056"},"modified":"2022-03-08T19:04:04","modified_gmt":"2022-03-08T13:34:04","slug":"abu-salem-extradition-portugal","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/supreme-court-news\/abu-salem-extradition-portugal\/","title":{"rendered":"Supreme Court directs Centre to file affidavit in Abu Salem case within 21 days"},"content":{"rendered":"\n
The Supreme Court<\/a> on Tuesday asked the Central government to file an affidavit in the Abu Salem case within 21 days.<\/p>\n\n\n\n The Division Bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh heard a plea filed by gangster Abu Salem, serving life imprisonment for his role in the 1993 Mumbai serial blasts case, contending that his imprisonment cannot extend beyond 25 years, as per the terms of the extradition treaty between India and Portugal.<\/p>\n\n\n\n The affidavit filed by CBI told the Supreme Court<\/a> that the Indian court is not bound by the assurance given in 2002 by the then deputy prime minister and home minister L.K. Advani to the Portugal court that gangster Abu Salem would neither be given a death sentence, nor imprisoned beyond 25 years.<\/p>\n\n\n\n During the hearing on Tuesday, the top court of the country asked the ASG, “Who has filed this affidavit? Is the government saying that the Court will not stand by international commitments? CBI is a prosecuting agency. You are trying to avoid taking a stand.<\/p>\n\n\n\n “You have to certainly take a stand on behalf of the government of India, whether you will stand by the international commitments made by the deputy Prime Minister.”<\/mark><\/p><\/blockquote>\n\n\n\n The Apex Court went on to observe that “In your political wisdom, you did something. This has far-reaching ramifications for the next time you want to extradite someone.”<\/p>\n\n\n\n Advocate for Salem argued that according to the mutual treaty, the maximum punishment in Portugal is 25 years. Now, the government is saying they will impose life imprisonment.<\/p>\n\n\n\n While observing that the issue was of international ramifications, the Bench directed the Union government through the Home Secretary to file a reasonable affidavit in 21 days and fixed April 10 as the next date of hearing.<\/p>\n\n\n\n In its 18-page affidavit submitted on Sunday, the CBI said that in the Solemn Sovereign Assurance, the provision of Section 34C of the Indian Extradition Act has been reproduced. There was a definite object and purpose behind this exercise.\u00a0 <\/p>\n\n\n\n Also Read: <\/strong>Allahabad High Court disposes of habeas corpus petition filed in Varanasi murder case<\/a><\/p>\n\n\n\n It was made clear by reproducing Section 34C of the Extradition Act that in view of this provision, no Court in India would be empowered in this case on extradition of accused Abu Salem to award him death penalty.<\/p>\n\n\n\n It is pointed out that in view of the mandate of Section 34C of the Extradition Act, the powers of this Court to award imprisonment for life in case of an offence punishable under Section 302 of the Indian Penal Code and Section 3 sub-section (2) Sub Clause (i) of the TADA (P) Act, 1987 have not been taken away. On the contrary, it mandates that the Court shall substitute the death sentence by imprisonment for life in case of such fugitive criminal. This aspect has been taken care of and considered, while giving Solemn 05 Sovereign Assurance by the then Deputy Prime Minister of India.<\/p>\n\n\n\n The affidavit added that while giving Solemn Sovereign Assurance, the “Independence of the Judiciary” has been given due importance. On perusal of the Solemn Sovereign Assurance that the Government of India was alive to the situation that it would not be in a position to give Solemn Sovereign Assurance that no Court in India shall award punishment of life imprisonment to the accused Abu Salem. At the same time in further part of the Assurance , a specific reference has been made to the provisions of Article 72 (1) of the Constitution of India to emphasize that His Excellency , the President of India has power to grant pardon, reprieve, respites or remission of punishment or to suspend , remit or commute the sentence of any person convicted of any offense\/s.<\/p>\n\n\n\n “In order to further fortify the Assurance, it has been stated that in addition to the provision of Article 72 of the Constitution of India, Sections 432 and 433 of the Code of Criminal Procedure, 1973 confer the power on the Government to commute the \u00a0sentence of life imprisonment to a term not exceeding 14 years,” <\/mark><\/p><\/blockquote>\n\n\n\n -the affidavit said.<\/p>\n\n\n\n