Salem can't be tried in India, lawyer tells court
Extradited underworld gangster Abu Salem on Thursday appeared before the special Terrorist and Disruptive Activities (Prevention) Act (TADA) court and submitted the recent order passed by the Portuguese high court terminating his extradition to India.mumbai Updated: Sep 30, 2011 01:49 IST
Extradited underworld gangster Abu Salem on Thursday appeared before the special Terrorist and Disruptive Activities (Prevention) Act (TADA) court and submitted the recent order passed by the Portuguese high court terminating his extradition to India.
Submitting the copy of the order, Salem's advocate Sabha Qureshi told the special court that the trial of the 1993 serial bomb blast case, in which Salem is an accused, should be halted.
"He was extradited on certain conditions, which have been violated. The Lisbon high court has terminated the extradition because of which he (Salem) can no longer be tried," argued Qureshi.
Qureshi added Salem should not be produced before any court until the proceedings in Lisbon are concluded.
The court, however, has asked the Central Bureau of Investigation (CBI) to file a reply on Salem's application.
The Lisbon high court said there was breach of agreement by India for slapping offences that attract death penalty or more than 25 years in jail in the special TADA court. The extradition further stated that no investigation agency would investigate Salem further and he would be tried on the basis of the existing evidence against him.
Terming these as violations of the terms of Salem's extradition, the Lisbon high court on September 14 passed the order terminating the underworld don's extradition. The CBI said the agency intends on appealing the order in the Supreme Court of Portugal through the Ministry of External Affairs.