8 hours ago
- copy link
The Supreme Court on Monday heard the 1993 Mumbai blasts case. During the hearing, the court made it clear that according to India’s conditions with Portugal, the Center cannot extend the sentence of Abu Salem beyond 25 years. That is, in 2030, 25 years will be completed since Abu Salem was detained since 2005. After that his sentence will expire.
Referring to Portugal, the court said that the central government would be bound to advise the President about the Extradition Treaty between India and Portugal.
Challenged in court on life imprisonment in 2 cases
Salem was extradited to India from Portugal in November 2005. So that Salem can be tried for the 1993 Mumbai serial bomb blasts and the murder of businessman Pradeep Jain in 1995. Regarding these matters, Salem had filed a petition in the Supreme Court that he was sentenced to life imprisonment in both the cases. He had claimed that as per the conditions laid down in his extradition from Portugal, his imprisonment could not exceed 25 years. Because he was detained in Portugal in 2002. According to this, his sentence will end in 2027.
However, responding to this, the central government told the Supreme Court that the time to consider Salem’s release would come in 2030, not 2027. Because he was extradited from Portugal and brought to India in 2005.
Court said- international law will be followed
The court agreed that international law should be followed under the Extradition Act. The bench also said that the Center is free to exercise its power of exemption under the Criminal Procedure Code (CRPC) after Salem has completed 25 years of imprisonment, apart from making recommendations to the President.
The period of detention started from 2005
However, the bench did not accept Salem’s counsel Rishi Malhotra. The bench observed that the period of custody September 2002 was under a separate related offence. The court clarified that on the basis of the Red Corner Notice of the Indian Prosecuting Agency (IPA), the period of Salem’s detention in Portugal started from October 12, 2005. Accordingly, 25 years will be completed.