Putting the Centre in a tight spot, the Supreme Court on Tuesday asked the Union Home Ministry to clarify whether it is going to abide by the assurance given by then Deputy Prime Minister LK Advani to the Portugal Government that the maximum sentence to gangster Abu Salem will not exceed beyond 25 years.
The apex court said that it is not satisfied with the affidavit filed by the CBI which said that the assurance given by India to Portugal on the maximum sentence during the extradition of Salem, a convict in the1993 Mumbai serial blast case, is not binding on the Indian courts.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh asked the Home Secretary to file an affidavit specifying whether the Government of India will abide by the solemn assurance given by thenthe Deputy Prime Minister to Portugal.
The Bench directed, “We are not satisfied with the reply affidavit. The question is whether the assurance given by the then Deputy Prime Minister on behalf of the government of India is to be abided or not. The Government has to take a stand keeping in mind the international commitment made and the ramification of it. Therefore, we call upon the Home Secretary to file an affidavit in this regard. The affidavit shall be filed within a period of three weeks. List on April 12, 2022â€.
At the outset, the bench told Additional Solicitor General KM Nataraj, appearing for CBI, that it is not the affidavit of agency it had wanted to be filed. “Who has asked you to file an affidavit? CBI is just a prosecuting agency. We have asked you to inform us whether you are going to abide by the assurance given. Is the government saying that it will not stand by the international commitment?†the bench said.
The top court added that it accepts that the offences are serious but the stand on the commitment made by the Union of India in its political wisdom should be evaluated based on the wide ramification it would have.
“You have to clarify the stand taken by the Union Government. We will ask the home secretary to file an affidavit. We understand, the offenses are serious, but in your political wisdom, you made a commitment that you have to take care of it. It would have far-reaching ramifications the next time you want someone to bring to the country,†the bench said.
Advocate Rishi Malhotra, appearing for Salem, said that in Portugal the courts cannot award a sentence of more than 25 years, and based on the principle of reciprocity the Government of India had assured that in case Salem is extradited he would not be sentenced more than 25 years but now the TADA court has awarded life imprisonment.
On February 2, the top court had sought a response from the Centre on a plea filed by Salem, serving life imprisonment for his role in the 1993 Mumbai serial blasts case, contending that his imprisonment cannot extend beyond 25 years as per the terms of the extradition treaty between India and Portugal. It had granted four weeks to the Centre to respond on a plea by Salem claiming that the 2017 judgment of TADA court sentencing him to life imprisonment was against the terms of the extradition treaty.
