The Supreme Court on Monday asked the Central Bureau of Investigation (CBI) to file an affidavit stating details of proceedings before Portugal’s constitutional court where the agency had challenged their high court order quashing the extradition of underworld don Abu Salem.
A bench of Justice P Sathasivam and Justice J Chelameswar asked senior counsel Gopal Subramaniam, appearing for the investigating agency, to furnish the details of the proceedings before the Portuguese court after he told the court that the constitution court had stayed the quashing of Abu Salem’s extradition order.
As the court wanted to be apprised of the details of the proceedings, it declined the plea for vacation of stay on TADA (Terrorism and Disruptive Activities Act) court proceedings against the underworld don. The court has directed the listing of the matter on April 23.
The Supreme Court had February 17 has stayed all further proceedings in the two cases before the Mumbai TADA court in connection with Abu Salem’s alleged involvement in the 1993 Mumbai serial blasts.
Abu Salem, in his petition, sought the stay of the proceedings on the grounds that Appeals Court of Lisbon by its order of September 14, 2011, had terminated the authorization for his extradition. The Indian government’s appeal challenging the appeal court’s order terminating the authorization of extradition is pending before the Supreme Court of Justice of Portugal.
The Portuguese courts, while permitting the extradition of Abu Salem, had said that he should not be awarded death sentence or imprisoned for more than 25 years.
The order granting the extradition of Abu Salem was passed on March 28, 2003 by Portugal’s justice ministry. This was challenged before the Lisbon court which partially confirmed the order of extradition by its July 14, 2004 order.
This was challenged before the Supreme Court of Justice of Portugal which by its Jan 27, 2005, order allowed the extradition of Salem subject to conditions and guarantees for their enforcement by Indian government. The Supreme Court of Justice rejected the review petition on March 3, 2005 and eventually Abu Salem was brought to India on November 11, 2005.
Abu Salem is facing trial for his alleged involvement in 1993 Mumbai serial bomb last case in which 257 people were killed, 713 were injured and resulted in the destruction of property worth Rs. 27 crore. Charge sheet was filed against 189 accused, including 44 absconders of which one was Abu Salem.