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Govt likely to withdraw all additional charges against Abu Salem

The decision in principle was taken at meeting in the Ministry of Home Affairs where officials from the CBI, the Law Ministry and the Ministry of External Affairs also participated.

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The government is likely to withdraw all additional charges against underworld don Abu Salem and inform Portuguese authorities about the same, official sources said on Wednesday.

The decision in principle was taken at meeting in the Ministry of Home Affairs where officials from the CBI, the Law Ministry and the Ministry of External Affairs also participated.

The sources said the Home Ministry had been declared as a nodal ministry to take a decision on this and also liaise with other police forces where he is facing cases.

It was decided that the Portuguese courts will be apprised about the recent Supreme Court of India's order which had clearly spelt that the order of the Portuguese court should be respected and also stayed the TADA proceedings in two cases against Salem.

Portugal's Supreme Court had recently upheld the order of a lower court there, terminating his extradition for violation of deportation rules by Indian authorities.

At the time of Salem's extradition, India had assured Portugal that no charges attracting death penalty, or jail for more than 25 years would be pressed against him, but such charges were later brought in later by Delhi Police and Mumbai Police.

During the meeting, the CBI and External Affairs officials gave a presentation that non-adherence of executive assurance would not augur well for the future cooperation from foreign nations, the sources said.

In a setback to India, Portugal's Supreme Court has upheld an order which cancelled extradition of the gangster for violation of deportation rules by slapping new charges which attracted death penalty.

The CBI had said the Supreme Court has not cancelled the extradition of Salem and that only a technical point had been raised. It also said the order is not expected to have any repercussions on the status of Salem and on the ongoing trial against him in India.

India had given an executive assurance to Portugal that it would not slap any charges which invoked death penalty to Salem and would not keep him behind bars for more than 25 years.

Delhi and Mumbai Police, however, in there own assessment slapped charges which attracted death penalty leaving the government and the CBI red-faced. Later, police wanted to withdraw the charges but the courts did not approve of it.

Salem had filed a petition in the high court in Lisbon alleging violation of Rule of Speciality after which a judgement was pronounced on September 19 last year, saying there had been breach of the Indian undertaking given to the Portuguese authorities.

Salem, prime accused along with Dawood Ibrahim in 1993 Mumbai serial blasts, and his girlfriend Monica Bedi were extradited to India on November 11, 2005, after a marathon legal process in Portugal lasting three years.

The extradition of Salem, who was also wanted in various cases including the murder of noted film producer Gulshan Kumar, came after an assurance by the Indian government to Portugal that he would not be given death penalty, a key requirement in extradition proceedings in Europe.

 

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