Supreme Court: Abu Salem’s to stay in Delhi.

New Delhi: The Supreme Court on Monday dismissed gangster Abu Salem’s plea seeking quashing of trials against him in various cases after Portugal’s apex court terminated his extradition to India for “violation” of deportation rules by Indian authorities.

Salem had filed the application after the Portugal Supreme Court upheld the order of a lower court there; terminating his extradition after it concluded that India had violated the deportation rules in Salem’s case and A bench headed by Chief Justice P Sathasivam had reserved the verdict on July 9, saying it would pass the order after considering the CBI’s submission that the agency was willing to withdraw certain charges against Salem under the TADA and the Explosive Substances Act. The Supreme Court held that the verdict of Portugal court is “not binding” on courts here and Salem’s extradition to India is still “valid in the eyes of law”.

However, SC agreed to withdraw certain cases of TADA and Explosive Substances Act against him after CBI’s submission that the agency is ready to drop charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act against 4-year-old Salem as part of its commitment to the Portuguese government.

Attorney general GE Vahanwati had said government was committed to its assurance given to the Portuguese court and sought the apex court’s permission to drop the additional charges framed against Salem by the trial court.

The agency sought withdrawal of charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act. Salem then filed a petition in the high court at Lisbon, alleging violation of the Rule of Specialty. In the ruling on September 19 last year, the Lisbon court said there had been a breach of the undertaking given by India.

Salem was arrested in Lisbon in 2002 along with his girlfriend, actor Monica Bedi, for travelling with fake passports. He was extradited from Portugal three years later for his alleged role in the 1991 MUMBAI serial blasts.

Bureau Report