In an embarrassment to the government, the Portugese High Court ordered termination of extradition of underworld don Abu Salem for breach of agreement by India for slapping offences which attract death penalty.
A Lisbon High Court allowed the plea of extradited gangster, being tried in eight criminal cases including the 1993 Mumbai serial blasts, that he be sent back to Portugal, lawyers associated with the case said.
Salem, a gangster extradited from Portugal in November 2005, was also charged with MCOCA for allegedly making extortion calls to a Delhi-based businessman Ashok Gupta in 2002, demanding Rs five crore as protection money.
The Portugese court said that in view of the new charges against Salem which entail death penalty, the authorisation granted for his extradition has been terminated.
The bench, comprising judges Carlos Rodrigues de Almeida, Horacio Tlolucas and Fernando Estrela, said that invoking the special statute against the extradited person violated the principle of speciality.
India had given an 'executive assurance' to Portugal that Salem would not be given death penalty or charged with any section of law which entails jail for more than 25 years, once he is extradited.
The government was examining the devlopment and will soon approach the Portuguese Supreme Court challenging the high court's order, official sources said. Salem's advocates Sudeep Passbola and MS Khan said the "Portugal High Court terminated the extradition" and order was being awaited.
If India fails to convince the Portuguese judiciary, Salem may have to be sent back to a jail in Lisbon.
