SC asks Home Secy to clarify commitment on sentence to extradited gangster, Abu Salem

The Supreme Court on Tuesday 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 gangster Abu Salem would not be incarcerated for more than 25 years after his extradition.

A bench of Justices Sanjay Kishan Kaul and M M Sundresh told the Union government that not adhering to the assurance made to the Portugal authorities, could have wider ramifications and it may create problems in seeking extradition of fugitives from other countries.

Seeking clarity on the issue by the Centre, the bench also said it is not happy with a reply filed by the CBI in the matter.

"Is the government saying it would not abide by the international commitment? Please say so, the problem is that you are awaiting taking a decision," the bench said.

In its response to the court's previous query, the CBI said, an Indian court is not bound by the assurance given in 2002 by then deputy prime minister and home minister L K Advani to the courts in Portugal that Salem would neither be sent to the gallows nor imprisoned beyond 25 years after his extradition to India.

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.

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

Taking up a plea by Salem, the bench said, "The Union government has to take a stand keeping in mind the international commitment made and the ramifications. We call upon the Home Secretary to file an affidavit."

The court posted the matter for consideration on April 12, after giving three weeks time to file the affidavit.

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