The Supreme Court has held that trial in various cases against Abu Salem will continue in India, saying that the verdict by the Constitutional Court of Portugal is not binding on Indian courts but has persuasive value only.
It dismissed Salem’s plea to quash all proceedings against him in view of the Portugese Supreme Court upholding a lower Portugese court order, which terminated his extradition to India for alleged violation of assurances given by the Indian authorities while seeking extradition of the dreaded underworld don, currently lodged at Arthur Road Jail in Mumbai.
A bench comprising Chief Justice P Sathasivam and Justice J Chelameswar held that the order of extradition dated 28 March 2003 still stands valid and effective in the eyes of law. The apex court bench said that ‘both India and Portugal are two sovereign States with efficient and independent judicial system. As a consequence, in unequivocal terms, the verdict by the Constitutional Court of Portugal is not binding on this Court but only has persuasive value’, said the court.
The court, however, allowed the Central Bureau of Investigation (CBI) to drop additional charges under TADA and Explosive Substances Act that were slapped on Salem after his extradition to India.
After the termination order by the Portugese court, Salem had sought closure of trial against him in various Indian courts. He had also approached the ministry of home affairs and the ministry of external affairs for making out a case of annulment of extradition order because of the alleged violation of extradition terms.
It dismissed Salem’s plea to quash all proceedings against him in view of the Portugese Supreme Court upholding a lower Portugese court order, which terminated his extradition to India for alleged violation of assurances given by the Indian authorities while seeking extradition of the dreaded underworld don, currently lodged at Arthur Road Jail in Mumbai.
A bench comprising Chief Justice P Sathasivam and Justice J Chelameswar held that the order of extradition dated 28 March 2003 still stands valid and effective in the eyes of law. The apex court bench said that ‘both India and Portugal are two sovereign States with efficient and independent judicial system. As a consequence, in unequivocal terms, the verdict by the Constitutional Court of Portugal is not binding on this Court but only has persuasive value’, said the court.
The court, however, allowed the Central Bureau of Investigation (CBI) to drop additional charges under TADA and Explosive Substances Act that were slapped on Salem after his extradition to India.
After the termination order by the Portugese court, Salem had sought closure of trial against him in various Indian courts. He had also approached the ministry of home affairs and the ministry of external affairs for making out a case of annulment of extradition order because of the alleged violation of extradition terms.