SC raps Center over its stand to extend Abu Salem's jail term beyond 25 years
India Today
The Supreme Court rapped the Centre for its stand to extend the jail term of criminal Abu Salem, which is against the sovereign commitment made to Portugal.
The Supreme Court on Thursday rapped the Centre over its stand that it is not the "appropriate time" to decide on the sovereign commitment made to Portugal. At the time of Abu Salem's extradition, the government had promised that his sentence would not exceed 25 years.
But the stand taken by the Union Ministry of Home Affairs has irked the Supreme Court. The MHA, in an affidavit on April 18, 2022, stated that it is bound by assurances given to Portugal. However, the question of complying with the same will arise only in 2030 and will be done at the appropriate time subject to remedies available.
A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh was hearing a plea by convicted gangster Abu Salem that his sentence cannot extend 25 years as per the undertaking India gave Portugal at the time of his extradition.
The order by the top court read: "Sentence is superfluous. We have to take a call on the effect of that assurance and we cannot postpone the hearing of the appeal on that basis. The GOI cannot say the appellant can’t argue certain things. For the judiciary to consider the effect is not premature."
Further, the bench noted that the MHA was suggesting to the court what to do and not do. "...it is said that the court may decide the case on its merits. As to what to do or not to do, it is for the court to take a call. We do not appreciate it," the order read.
The case has been adjourned to May 5.
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