You have to take a stand, Supreme Court tells Centre on punishment for 1993 blasts-accused Abu Salem
India Today
The Supreme Court on Tuesday told the Centre to take a clear stand on the issue of punishment for 1993 blasts-accused Abu Salem.
In 2002, the then deputy prime minister and home minister of India LK Advani assured a Portuguese court that gangster Abu Salem would not be sentenced to death or imprisoned for more than 25 years after his extradition to India.
After his conviction in the 1993 Mumbai blasts case, Abu Salem moved the Supreme Court challenging the life imprisonment awarded to him on the grounds that it violates the extradition treaty with Portugal.
The CBI then filed an affidavit claiming that Indian courts are not bound by the assurance given to the Portuguese court in 2002.
"The solemn sovereign assurance given by the then deputy prime minister of India cannot be construed as a guarantee/undertaking to assure that no court in India would award the punishment provided by Indian laws in force to accused Abu Salem The life sentence awarded by the trial court is legally correct and needs no interference," the CBI affidavit said.
Hearing the matter on Tuesday, the Supreme Court asked the Centre to take a clear stand on the issue.
“Is the government saying it will not stand by international commitments? The CBI is a prosecuting agency. You [government] are trying to avoid taking a stand. On whether you will stand by the international commitments made in 2002, you have to take a stand on behalf of the government,” the Supreme Court said.
“This has far-reaching ramifications for the next time you want to extradite someone,” the court added, asking the home secretary to file an affidavit in 21 days.
