In an enormous setback to the Centre, the Supreme Court on Monday stated that the Indian authorities should honour its phrase to Portugal on the time of the extradition of 1993 Mumbai blasts convict Abu Salem, thus, ordering the Centre to launch the gangster upon the completion of his 25-year jail time period.
Salem’s counsel had argued earlier than the court docket that as an assurance given by the Indian authorities to Portugal after his arrest again in 2002, the time period for Salem’s jail sentence can’t prolong past 25 years. After a protracted authorized battle, Salem was finally extradited to India in November, 2005. The different situation laid earlier than India by Portugal was that Salem was to not be awarded dying penalty.
Hearing the case, Justices SK Kaul and MM Sundresh, whereas citing the dedication given to Portugal, directed the central authorities to ask the President to train the powers given below Article 72 of the Indian Constitution, the place the President can “grant pardons, etc, and to suspend, remit or commute sentences in certain cases.”
“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 stated.
On February 25, 2015, a particular TADA court docket had awarded life imprisonment to Salem in one other case for murdering Mumbai-based builder Pradeep Jain in 1995 alongside together with his driver Mehndi Hassan.
(With inputs from PTI)
Source: www.financialexpress.com”