Abu Salem case: Issue of honouring India’s assurance to Portugal will arise only in 2030, govt. says in Supreme Court

India had assured Portugal while extraditing gangster Abu Salem that he will not be sentenced to death or life imprisonment for over 25 years in the 1993 Mumbai serial blasts.

The issue of honouring India’s assurance to Portugal while extraditing gangster Abu Salem that he will not be sentenced to death or life imprisonment in the 1993 Mumbai serial blasts will arise only in the year 2030.

Salem, represented by advocate Rishi Malhotra, was extradited from Portugal when India gave an assurance on December 17, 2002 that he would neither face death penalty nor imprisonment for over 25 years here

Salem has approached the Supreme Court, claiming India has violated the sovereign assurance by sentencing him to life imprisonment in the case.

In a counter-affidavit, Union Home Secretary Ajay Kumar Bhalla said Salem’s contentions were premature and based on hypothetical surmises. Mr. Bhalla said such contentions could not be raised in an appeal against his conviction in the blasts case.

“The question of honouring an assurance given on December 17, 2002 would arise only when the period of 25 years is to expire. That date is November 10, 2030... The period of 25 years mentioned in the assurance will be abided by the Union of India at the appropriate time subject to the remedies which may be available,” the government responded.

Countering Salem’s argument that his life sentence was contrary to the sovereign assurance given by the Union of India, Mr. Bhalla said courts decided cases independently of such assurances made by the government in the exercise of its executive functions. The courts mete out punishments for crimes in accordance with the law of the land.