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Portugal court revokes Abu Salem’s extradition

The Indian government will have to move the Portugal Supreme Court.

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The Indian government will have to move the Portugal Supreme Court.

Reason:
The Portugal high court has revoked gangster Abu Salem’s extradition on the grounds that the Indian Government violated the extradition treaty.

A senior Central Bureau of Investigations (CBI) official, who was associated with case in Mumbai, said: "The Indian government will have to harp on the ‘Rule of Speciality’ before the Portugal SC. According to the rule of speciality, if an accused is extradited for one set of offence, he also can be tried for offences which arise from the primary offence. For example, if someone is extradited for a murder offence, he can also be tried for a simple hurt offence."
Special public prosecutor Ujjwal Nikam, who is appearing in the 1993 serial blasts case against Salem, said: “The government has to challenge the order in the Portugal SC and will also have to follow the issue on diplomatic level to ensure that criminals do not go scot free."

The Portugal HC passed a order last week revoking the extradition of the gangster and accusing Indian investigating agencies of violating the conditions under which he was permitted to be taken to India in November 2005, to face trial in eight cases, including the 1993 serial blasts in Mumbai.

The CBI while extradited Salem and his actress girlfriend Monica Bedi had given an assurance to Portugal that he would not be given death penalty or charged with any section of the law which entails more than 25 years in jail.

Salem had first raised the issue in Indian courts and gone up to the SC contesting the charges levelled against him as being in violation of the extradition treaty. Nikam said: "Even the SC had rejected his arguments stating that the extradition treaty was not binding on the Indian courts and for the crimes in which he was being tried."

Salem’s counsel had approached the Portuguese HC after the Supreme Court dismissed his plea last year and upheld the designated TADA court’s decision to frame additional charges against Salem for the 1993 blasts, in addition to the other grave charges for which he was extradited by Portugal government to face trial in India.

Advocate Sudeep Pasbola, who appears for Salem in all his cases in Mumbai, confirmed that the order of the Portugal HC was in his client's favour. But, Pasbola said he was yet to go through the order and only then would he be able to comment on the order.

However, if India fails to convince the Portuguese judiciary, Salem may have to be sent back to a jail in Lisbon.

Advocate Rohini Salian, who appears for the National Investigation Agency, said: “It will be premature to comment on the order, but if it has been passed then the Indian government will have to appeal in their SC and prove their case against Salem.”
Himanshu Roy, joint commissioner of police and chief of the Mumbai crime branch, said: “We have not yet received any official communication in this regard, hence it would not be appropriate to make any comment.”

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