The CBI on Monday told the Supreme Court that it has decided to drop additional charges filed under TADA and other acts against alleged gangster Abu Salem, an accused in the 1993 Mumbai blasts case, in view of the Constitutional Court of Portugal upholding the termination of an order for his extradition.
Attorney General G E Vahanvati urged a bench of justices P Sathasivam and M Y Iqbal to “reconsider, modify or clarify” the apex court order passed on September 10, 2010, after dismissing a plea made by Salem. The accused had contented that the additional charges framed by the special court in Mumbai pertaining to Sections 5 and 6 of the TADA, Section 4 (b) of the Explosive Substances Act and Section 9B of the Explosives Act were in violation of the extradition order.
The Union government had made an assurance to Portugal, where Salem was arrested along with his girlfriend Monica Bedi in 2002, that if extradited, he would not be given death penalty nor would he be subjected to imprisonment for a term beyond 25 years. The alleged gangster was handed over to the Indian authorities on November 10, 2005.
After his arrival, the designated court in 2006 framed charges for different offences and for his alleged role in the 1993 Mumbai serial blasts, including additional charges.
Salem challenged the designated court’s order before the apex court, which dismissed his petition and held that no bar has been placed by the Portuguese courts for the trial of “lesser offences” in accordance with the provisions under Section 21(b) of the Extradition Act.
The petitioner had contended that since he had been extradited under the International Convention for the Suppression of Terrorist Bombings, he could be tried only for the offences which come under the convention.
Salem, thereafter, approached the Court of Appeals in Lisbon and alleged that “Rule of Speciality” was violated in his case. The Lisbon court, in a judgment on September 14, 2011, decided that authorisation granted for his extradition should be terminated. A subsequent appeal by the Indian government to the Supreme Court of Portugal was not admitted. The Constitutional Court of Portugal on July 5, last year, decided not to entertain an appeal filed by the Union government.
However, it said: “The issue whether the person extradited has to be returned to the requested state or not is something which may be decided by both countries diplomatically.” Now, in a bid to wriggle out of legal troubles, the probe agency requested the Supreme Court to modify its order which permitted the CBI to slap additional charges. The court posted the application for hearing for July 9.