The Union Home Secretary has told the Supreme Court that the promise of maximum punishment of 25 years to gangsters Abu Salem will be fulfilled. This promise was made by the then Deputy PM LK Advani to the government of Salem at the time of his extradition from Portugal. Salem is accused of March 12, 1993, Mumbai serial blasts and other murders.
Salem had filed an application in the Supreme Court saying that the Indian government had promised the Portuguese government in 2002 that he would neither be sentenced to death nor would he be imprisoned for more than 25 years in any case. After a long legal battle, Salem was brought to India from Portugal on 11 November 2005. The central government said that it would consider the release of gangster Salem in the year 2030. The government will fulfill the promise made by then Deputy Prime Minister LK Advani at the time of his extradition to Salem.
Right now the demand for release is wrong, the term will end in November 2030
On the directions of the Supreme Court, the Union Home has filed its reply in the Supreme Court. In the reply filed by Union Home Secretary Ajay Bhalla, it has been said that the term of a maximum imprisonment of 25 years will end on November 10, 2030. Not before that, as Abu Salem is claiming. In such a situation, it is wrong to demand the release of Abu Salem by questioning the life sentence already given by the special TADA court in Mumbai.
The government is bound by promises, not courts
The Union Home Secretary has also clarified in the affidavit that the Central Government is bound by the promise made to the Government of Portugal. Courts can give punishment and verdicts according to Indian law. The promise made to Portugal is a matter of the government, not the courts. The court should decide on the merits of the cases. After hearing the Centre's reply, Justice SK Kaul and Justice MM Sundaresh fixed a further hearing on Salem's plea on April 21.
Highlights and Major Events of the Salem Case
Abu Salem is guilty of the 1993 Mumbai blasts. He has been sentenced to life imprisonment.
After a long legal battle, Salem was brought to India from Portugal on 11 November 2005.
Before his extradition, the Government of India had made a promise to the Government of Portugal on 17 December 2002.
The government said its promise was not binding on the judiciary.
The CBI had also said in its affidavit that this promise was not binding on the courts.
Salem filed a petition saying that as per the extradition condition, he cannot be kept in jail for more than 25 years.
The TADA court in Mumbai sentenced him to life imprisonment in 2017.
Salem argues that this sentence is against the condition and promise.
Salem was also sentenced to life imprisonment on February 25, 2015, for the murder of Mumbai builder Pradeep Jain.
In the 1993 Mumbai serial blasts, 257 people were killed and 713 were injured. Property worth crores of rupees were destroyed in these blasts.
In 2020, a Portuguese court rejected Salem's application, which he had filed against India for not complying with the extradition conditions.
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