Relief for Abu Salem as apex court stays trial in 1993 blasts

In a breather for Abu Salem, the Supreme Court has stayed all further proceedings in the two cases before the Mumbai TADA court in connection with his alleged involvement in the 1993 Mumbai serial blasts.

An apex court bench of Justice P. Sathasivam and Justice J. Chelameswar, while issuing notice to the central government through the external affairs ministry and the Central Bureau of Investigation, observed that it involved the larger question of whether the executive decisions by the government would affect the judicial pronouncements of the courts in Portugal.

Inquiring what undertaking was given by the Indian government to the Portuguese authorities when Abu Salem was extradited, Justice Sathasivam said: “We have to respect the mandate of the court of appeal and the Supreme Court of Justice of Portugal.”

Holding that such issues rarely come to this court, he asked what undertaking was given by the government to the Portuguese court at the time of the extradition.

The court also sought assistance from Attorney General G. Vahanwati in the matter.

The Portuguese courts, while permitting the extradition of Abu Salem, had said that he should not be awarded death sentence or imprisoned for more than 25 years.

The order granting the extradition of Abu Salrem was passed on March 28, 2003 by Portugal’s justice ministry. This was challenged before the Lisbon-based Court of Appeals which partially confirmed his extradition by its July 14, 2004 order.

This was again challenged before Portugal’s Supreme Court of Justice which by its Jan 27, 2005, order allowed the extradition of Salem subject to conditions and guarantees for their enforcement by Indian government. It rejected the review petition on March 3, 2005 and eventually Abu Salem was brought to India on Nov 11, 2005.

Salem is facing trial for his alleged involvement in 1993 Mumbai serial bomb last case in which 257 people were killed, 713 were injured and resulted in the destruction of property worth Rs. 27 crore. Charge sheet was filed against 189 accused which included 44 absconders and Abu Salem was one of them.

The apex court order followed a petition by Abu Salem seeking a stay on all criminal cases against him currently going on in India.

In his petition, Abu Salem sought the stay of the proceedings on the grounds that Appeals Court of Lisbon by its order of Sep 14, 2011, had terminated the authorisation for his extradition. India’s appeal against the Appeal Court’s order is pending before the Supreme Court of Justice.

He said that till the Supreme Court of Justice decides on that appeal, all the proceedings against him in India should be stayed.

The Lisbon High Court had said that Indian government was trying Abu Salem for the offences which were beyond the conditions of extradition and “violated the principle of specialty”, the petition said.

He said the termination of extradition order meant that continuation of his trial in India would be “without jurisdiction and violative of international law, standards and jurisprudence”.

In complete violation of guarantees made by India, Abu Salem was additionally charged for conspiracy and other sections under TADA in one of the two cases, said the petition.

Salem told the court that the charges under which he was being tried before the TADA court did not form his extradition order and thus amounted to “violation of principle of specialty on the part of the Union of India”.