The Special Terrorist and Disruptive Activities (Prevention) court on Wednesday sentenced underworld gangster Abu Salem to life imprisonment for the murder of builder Pradeep Jain in 1995. The court, presided over by judge Govind Sanap, sentenced him under various Indian Penal Code sections, and also imposed a fine of Rs8 lakh on him.
The Special Terrorist and Disruptive Activities (Prevention) court on Wednesday sentenced underworld gangster Abu Salem to life imprisonment for the murder of builder Pradeep Jain in 1995. The court, presided over by judge Govind Sanap, sentenced him under various Indian Penal Code sections, and also imposed a fine of Rs8 lakh on him.
The defence counsel for Salem, while arguing for a lesser quantum of punishment, had relied on the solemn sovereign assurance the Indian government had given to the Portuguese government while extraditing him to the country in 2005. The defence had said the assurance clearly said the Indian government can sentence Salem only for a total of 25 years in all the nine cases against him across the country.
However, the court in its 500-page verdict, gave the grounds on which it has sentenced Salem with life imprisonment. "Perusal of the solemn sovereign assurance would show that it was given after considering the existing legal provisions. In this assurance, the provision of section 34 C of the Indian Extradition Act, 1962, has been reproduced, making it clear that no court in India would be empowered in this extradition case to award death penalty to him (Salem)," the court said.
"Perusal of the section would reveal that it provided two mandates — first that in case of extradition of a fugitive criminal, who is involved in commission of the extradition offence punishable with death in India, shall not be liable for death on his surrender, and second that in case of these extradition offences punishable with death, in place of death penalty such a fugitive criminal shall be liable for punishment of life imprisonment."
The court also said, "In view of the provision, awarding death penalty to Salem is out of the question. Further part of the solemn sovereign assurance would speak volume about the maintenance of the independence of judiciary and a direct indication that the government would not give any such assurance that no court in India shall award life imprisonment to Salem."
The court held that the provisions of law and solemn sovereign assurance given by Advani would not stand in the way of this court to exercise its jurisdiction to award punishment provided under law.
"Application and execution of punishment are two different aspects. Application falls under the domain and jurisdiction of this court of law, execution within the domain and jurisdiction of executives. The powers vested with the executives are independent and not subject to judicial reviews," said the court.
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