The Supreme Court will deliver its verdict on July 11 regarding 1993 Bombay Blast case convict Abu Salem's plea raising the issue that as per the extradition treaty between India and Portugal, his jail term cannot extend beyond 25 years.
The court had reserved judgement in Salem's case on May 5, 2022.
During the hearing, the court remnarked that when it was reading some other cases from the UK, it found that India has never violated the extradition assurance.
Appearing before a Bench comprising Justices Sanjay Kishan Kaul and MM Sundresh, Advocate Rishi Malhotra, representing Salem, made two broad submissions-
- In view of the sovereign commitment given to the Portuguese authorities while extraditing Salem, the sentence of life imprisonment imposed by the Trial Court (TADA Court) be modified or read down to 25 years; and
- The period of detention in Portugal (from 18.09.2002, date of arrest till extradition) which was effected by the Red Corner Notice (RCN) issued by INTERPOL pursuant to the non-bailable warrant issued by the TADA Court in Mumbai, ought to be set-off against the sentence of life imprisonment.
Additional Solicitor General, Mr. K.M. Nataraj argued that the period of detention in Portugal ought not to be considered for the purpose of setting-off, as Salem was serving sentence in Portugal for violation of Portuguese passport law from the same day (18.09.2002) when he was arrested pursuant to the RCN. Moreover, set-off would be of no consequence when the punishment is that of life imprisonment, which ideally extends to the entirety of one's life.
In June 2017, a Special Terrorism and Disruptive Activities Act (TADA) Court had found Abu Salem and five others guilty of conspiring and carrying out a string of bomb blasts across Mumbai in 1993, which ended up killing 257 people.
Abu Salem was convicted for offences punishable under Sections 120B, 302, 307, 326, 427, 435, 436, 201 and 212 of the Indian Penal Code, Sections 3, 3(3), 5, 6 of the Terrorist and Disruptive Activities Rapid Protection Act, and provisions of the Arms Act, Explosive Substances Act and the Prevention of Damage to Public Property Act.
In September, 2017, the Mumbai court awarded life imprisonment to extradited gangster Abu Salem.
