The vital term granted to Abu Salem has triggered a complex legal debate that could influence future extradition treaties between India and other countries.
Courts have to consider the guarantee given by the Indian government not to sentence him for a term of more than 25 years, while the extradition of Salem, his lawyer had argued while seeking a minimum sentence in connection with serial blasts in 1993.
Prior to the Special Act of the Terrorist and Disruptive Activities Act (TADA), Salem Sudeep Pas bola’s lawyer had argued that his role should be considered on a par with convicted Mansoor Ahmed Sayyed Ahmed, who had accompanied Salem to Sanjay’s house Dutt to deliver AK-56 rifles But the prosecution represented by attorney Deepak Salvi had asked for life imprisonment for Salem, stating that he deserved no more than the death penalty, but considering the treaty can not be sentenced to death or imprisoned for over 25 years.
In citing the treaty, Mr. Pasbola argued that Salem can not be sentenced to life imprisonment and said that the court should respect the guarantee given by the Indian government to the government of Portugal while extraditing him.
But the court of the first instance did not consider the extradition treaty and sentenced him to life imprisonment.
Criminal lawyer Majeed Memon, who is also a deputy of Rajya Sabha, said: “The fugitive was delivered to us only under the conditions that we would do certain things and not do certain things that are given in writing and if we defy it would be an international humiliation “.
Attorney Niteen Pradhan also questioned the Salem ruling. He said: “The order granted is outside the jurisdiction of the court since the order has limits [established in it] by the Supreme Court of Portugal and the conditions imposed at the time of its extradition.
“The treaty says that it can not be imprisoned for more than 25 years and the Supreme Court of India has said that the sentence of life imprisonment means for life according to Indian law.When you say that the sentence of life imprisonment, may imply that he is 25 years old. ”
The other thing that can happen is that Salem can approach the Supreme Court of Portugal and ask for the are extradition.
The main defender, Raja Thakare, said: “If we do not stick to him (Treaty), the ramifications will be everywhere and internationally we will be humiliated.”
