Portugues court cancels extradition of Abu Salem

New Delhi, Sep 27 (PTI) In an embarrassment to the Indian
government, the Portugese High Court ordered termination of
extradition of underworld don Abu Salem for breach of
agreement by India for slapping offences which attract death
penalty.
A Lisbon High Court allowed the plea of extradited
gangster, being tried in eight criminal cases including the
1993 Mumbai serial blasts, that he be sent back to Portugal,
lawyers associated with the case said.
Salem, a gangster extradited from Portugal in November
2005, was also charged with Maharashtra Control of Organised
Crime Act (MCOCA) for allegedly making extortion calls to a
Delhi-based businessman Ashok Gupta in 2002, demanding Rs five
crore as protection money.
The Portugese court said that in view of the new charges
against Salem which entail death penalty, the authorisation
granted for his extradition has been terminated.
The bench, comprising judges Carlos Rodrigues de Almeida,
Horacio Tlolucas and Fernando Estrela, said that invoking the
special statute against the extradited person violated the
principle of speciality.
India had given an 'executive assurance' to Portugal that
Salem would not be given death penalty or charged with any
section of law which entails jail for more than 25 years, once
he is extradited.
Government was examining the devlopment and will soon
approach the Portuguese Supreme Court challenging the High
Court's order, official sources said.
Salem's advocates Sudeep Passbola and M S Khan said the
"Portugal High Court terminated the extradition" and order was
being awaited.
If India fails to convince the Portuguese judiciary,
Salem may have to be sent back to a jail in Lisbon.
The then National Democratic Alliance (NDA) government
had given an executive assurance to Portugal in 2005 that
after Salem's extradition he would be tried only in eight
cases and will not be awarded imprisonment exceeding 25 years.
It was also vowed that the gangster would not be tried under
any special law.
CBI also justified dropping of MCOCA charges against
Salem saying it had no option but to agree to the conditions
of Portugal as the gangster was holding a Pakistani passport
and could have been deported to any country.
Salem's counsel had approached the Portuguese High Court
after the Supreme Court dismissed his plea last year and
upheld the a designated TADA court's decision to frame
additional charges against Salem for 1993 Mumbai blasts in
addition to the other grave charges for which he was
extradited by Portugal government to face trial in India.
Salem, the prime accused along with underworld don Dawood
Ibrahim in 1993 Mumbai serial blasts, and his girl friend
Monica Bedi, were extradited to India on November 11, 2005,
after a tortuous legal process in Portugal lasting three
years.
The extradition of Salem, who is also wanted in various
cases including the murder of noted film producer Gulshan
Kumar, came after an assurance by Indian government to
Portugal that he would not be given death penalty, an
important requirement in extradition proceedings in Europe.
The underworld don had been extradited to India in eight
cases which included the serial blasts, two cases of forgery
of passports from Lucknow, three cases of extortion in Delhi
and two murder cases in Mumbai which included murder of Ajit
Dewani, secretary of Bollywood (Indian film industry) actress
Manisha Koirala.
Salem's was the first successful extradition from any
European country to India involving a person accused of
committing heinous crimes.