'Convict in Mumbai blasts can't dictate terms', Centre to SC in Abu Salem case

After hearing arguments, the top court gave more time to Centre to file its response in the matter and scheduled it for further hearing on April 21

The Centre on Tuesday contended before the Supreme Court that extradited gangster Abu Salem is a convict in Mumbai serial blasts case and he cannot dictate terms either to the court or the government.

Solicitor General Tushar Mehta, appearing for the Centre, objected to a statement by advocate Rishi Malhotra, representing Abu Salem, that the Home Secretary does not have time to file an affidavit in the case.

Salem's counsel pointed out no response has been filed with regard to sovereign assurance given by the Union government at the time of extradition against sentence beyond a period of 25 years.

"Please ask him not to insist like this. He is a convict in Mumbai serial blasts. He cannot dictate terms to the court or the government," Mehta submitted before a bench presided over by Justice Sanjay Kishan Kaul.

The bench, also comprising Justice M M Sundresh, said the court is not on this individual case, but ramifications of it.

"It can impede other processes," the bench said, giving further time to the Centre to file its response in the matter.

The court fixed the matter for further hearing on April 21.

On March 8, the court had asked the Union Home Secretary to file an affidavit if the Centre is willing to abide by an assurance given in 2002 to Portugal authorities that Salem would not be incarcerated for more than 25 years after his extradition.

Salem, extradited to India in November 2005, has been sentenced to life imprisonment for his role in the 1993 Mumbai blasts case.

The CBI, for its part, had said an Indian court is not bound by the assurance given in 2002. The agency has sought to make a distinction between the court’s power to deliver a punishment and the role of the government in the execution of that punishment.

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