Union Home Secretary Ajay Bhalla on Monday told the Supreme Court that the Union government would abide by the Centre's assurance made to Portugal authorities on December 17, 2002 on extradition of gangster Abu Salem of not imposing either the death penalty or imprisonment beyond 25 years, at an appropriate stage.
The judiciary, however, in our country is independent, decides cases on the basis of relevant laws and cannot be bound by any position taken by the executive, he added.
"The question of Union government honouring its assurance will arise only when the period of 25 years is to expire. This date is November 10, 2030. Before the said date, the convict-appellant cannot raise any arguments based on the said assurance," he said, maintaining the Government of India is bound by the assurance.
Bhalla filed a written response to the court's query on Salem's plea questioning life imprisonment imposed on him by the TADA court on September 7, 2017 in the 1993 Mumbai serial blasts case.
He said the contention of Salem about non-compliance of the assurance is "premature" and based on "hypothetical surmises" and can never be raised in present proceedings.
"The government of India will abide by the assurance subject to rights which may be available at that stage," the reply said, adding Salem's appeal against the life imprisonment needs to be decided in accordance with the provisions of the TADA and the Criminal Procedure Code.
Referring to the 1962 Extradition Act, Bhalla said it is a law enabling the executive of one country to deal with another country to extradite accused and convicted persons.
"These powers are executive powers and while exercising such powers, it is an inherent understanding that it would bind the executive of the respective States. The judiciary, as the Constitution envisages, in independent in deciding all cases, including criminal cases, in accordance with the applicable laws without in any way bound by any position taken by the executive," he said.
Bhalla's response also said Salem, who was one of the absconders, has been held guilty of serious terrorist offences, which resulted in serial bomb blasts at strategic importance of Mumbai. "The said act was undoubtedly a dastardly act conducted with pre-meditation in which he played an active role," it added.
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