NEW DELHI: In the 1993 Mumbai blasts in which gangster Abu Salem was convicted to the life imprisonment, the Supreme Court on Monday ordered his release much earlier in 2030 in view of the Centre’s solemn commitment to the Portugal regime on his extradition on November 11, 2005.
A Bench of Justices S K Kaul and M M Sundresh said the Centre is bound to advise the President of India to fulfill the national commitment given by then Deputy Prime Minister Lal Krishna Advani. Salem had moved the top court to assert that his sentence cannot exceed 25 years as per the assurance given bo India to Portugal for his extradition in 2002.
It had reserved the judgment on May 5 in the matter after the Centre argued that the judiciary is independent of the solemn sovereign assurance given to the Portugal government and it is up to the executive to take a call on it at an appropriate stage.
Additional Solicitor General K M Nataraj had argued that the court is not bound by the solemn assurance and it can pass orders as per the law.
“Solemn sovereign assurance cannot be forced on the judiciary. The Executive will act on it at an appropriate stage. We are bound by the solemn sovereign assurance in this regard. Judiciary is independent, it can proceed as per law,” he had said.
The bench had told Nataraj that arguments made by advocate Rishi Malhotra, representing Salem, was that the court should decide on the solemn assurance and reduce his sentence from life term to 25 years or direct the government to take a call on the assurance given during his extradition.
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“The necessary papers be forwarded within a month of completion of 25 years. In fact, the government can itself exercise the power of remission under CrPC within the time period of one month upon completion of 25 years,” the bench said.
The Centre had told the top court that the question of the Union of India honouring its assurance dated December 17, 2002 will arise only when the period of 25 years is to expire which is November 10, 2030.
On February 25, 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995 along with his driver Mehndi Hassan.
Salem, also a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
