Nishka Srinivas Veluvali
Published On: February 03, 2022 at 16:58 IST
The Supreme Court sought for a specific response from the Union Government on whether the Government intends to fulfill the assurance given to the Portugal Court in 2002 by then Deputy Prime Minister LK Advani with regard to the Abu Salem Case.
The Portugal Courts were assured that the Gangster Abu Salem would neither be given Death Sentence nor will be Imprisoned for more than 25 years after his Extradition to India.
Abu Salem is at present serving Life Terms awarded in two separate Cases linked to 1993 Mumbai serial bomb blasts and the Murder Case of a businessman.
Salem in the Supreme Court argued that awarding him Life sentence beyond 25 years is a Breach to the assurance given to the Courts of Portugal by the then Deputy Prime Minister on behalf of the Centre.
“We are only putting to you this — it is a solemn Sovereign Assurance given by the then Deputy Prime Minister to Portugal. So, the Government of India will have to give some thought to it and tell us about their stand”, the Bench headed by the Justice Sanjay Kishan Kaul directed to Advocate Sanjay Tyagi who was representing the Centre in this matter.
The Bench also consisting of Justice MM Sundresh had highlighted Salem’s main Allegation with regard to the assurance given to the Courts of Portugal in 2002 and 2005 was he would not be given any Death Penalty or his Imprisonment would not cross of 25 years.
The Bench stated that, “In a nutshell, his submission is Imprisonment cannot exceed 25 years in terms of the assurance given by the Union of India. We call upon the Prosecuting Agencies or the Union of India to take a stand and on the issue and file a categorical Affidavit with regard to the same”.
Salem’s Advocates had also stressed on the point that the period of Custody should be counted from 2002 when the Gangster was detained in Portugal, as an aftermath of the Red Corner Notice issued by the Mumbai Terrorist and Disruptive Activities (TADA) Court.
The Court had also asked the Centre to clarify this point regarding Gangster’s Custody.
The Court has also Ordered Maharashtra Government to have a consultation with the Central Government as it is also Prosecuting Agency in some of the Cases.
The Maharashtra Government’s Counsel responded to the Court that they would go by the stand taken by the Centre Government in this matter.
Advocate Sanjay Tyagi, appearing for the Centre, informed the Court that the Union Government Authorities would at least require 4 weeks to file their Affidavit in the Court.
The Bench accepting this request of Advocate Tyagi gave them 4 weeks to file an Affidavit and Adjourned the matter for 08 March, 2022.