In a relief to India, Portugal's constitutional court has stayed the order of its Supreme Court, which had in January upheld a verdict passed by the country's lower court cancelling the extradition of the 1993 Mumbai blasts accused Abu Salem.
On Friday, the constitutional court stayed the order while admitting the Central Bureau of Investigation (CBI) plea against it, said a CBI source.
Portugal's Court of Appeal, Lisbon, had in September 2011 cancelled the extradition for alleged breach of "Rule of Specialty" in Salem’s extradition.
India had given an executive assurance to Portugal that it will not slap any charges that invoke death penalty against him and will not keep him behind bars for more than 25 years.
The Lisbon court's order was based on Salem's plea against levelling of additional charges — allegedly not included in the extradition order issued by Portugal— against him by a Mumbai trial court hearing the blasts case.
"The Mumbai court had allowed the charges since framing of charges for lesser offences is permissible under section 21(b) Extradition Act, 1962," said the CBI source.
While upholding the order of the lower court, the Portuguese Supreme Court had rejected the CBI's appeal against it on technical grounds, after which the Indian investigative agency had moved the constitutional court