New Delhi/Mumbai, Jan 17
Rejecting the CBI's plea, Portugal's Supreme Court upheld its lower court's decision that the extradition treaty with India was violated in Abu Salem's case when new charges attracting death penalty were slapped against the underworld don.
Reacting to the order, the CBI today clarified that the Supreme Court has not cancelled Salem’s extradition and that only a technical point had been raised. It also said the order is not expected to have any repercussions on the status of Salem and on the ongoing trial against him in India.
The Supreme Court gave its order on Saturday while dismissing a CBI appeal against the lower court decision that had held that rules had been breached in the extradition of 43-year-old Salem in 2005.
A CBI spokesperson said in New Delhi that the option of filing an appeal before the Constitutional Court in Portugal was available to the investigating agency and was likely to be exercised.
Following the pronouncement of the SC order, Salem, who is behind bars, moved a TADA court in Mumbai seeking closure of the trial against him in the 1993 Mumbai blasts case, saying continuing it will be illegal. His plea is expected to come up tomorrow.
Salem, the prime accused along with underworld don Dawood Ibrahim in the 1993 Mumbai serial blasts, and his girlfriend Monica Bedi were extradited to India on November 11, 2005, after a marathon legal process in Portugal lasting three years.
The extradition of Salem, who was also wanted in various cases including the murder of noted film producer Gulshan Kumar, came after an assurance by Indian government to Portugal that he would not be given death penalty, a key requirement in extradition proceedings in Europe.
New Delhi had assured Portugal courts fresh charges against Salem attracted less jail term than the offences for which he had been extradited, sources said.
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