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Synopsis

A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh today held that Centre is bound to release terror convict Abu Saleem on completion of 25 years of sentence in order to honour its assurance to Portugal.

The court, further held that the Central government should advise the President of India for exercise of power under Article 72 of the Constitution and the national commitment on completion of Salem's sentence.

Court held so in a plea by Bombay blast convict Abu Salem challenging the life sentence awarded to him stating that his imprisonment cannot extend beyond 25 years as per the assurances given by the government of India to Portugal during his extradition. 

Advocate Rishi Malhotra appearing for Salem contended that under Portuguese Law, it is unconstitutional to punish someone with life imprisonment or beyond a period of 25 years. He asserted that in view of this fact, there was an assurance given by the Central Government that Salem will not be punished beyond 25 years, however, now he has been punished with life imprisonment.

Additional Solicitor General (ASG) KM Natraj submitted that there are certain conditions to be included in section 428 of the CrPC. "It must be in the same case, past sentences cannot be taken into account", he said.

Nataraj further stated, "Our point is that it'll start by the time we take him into custody and for the part of assurance, we'll consider it but on the part of the judiciary, it can be decided independently."

Supreme Court expressed its displeasure over the affidavit filed by Home Secretary pertaining to assurances given to Portugal while extraditing Salem in 2002. Court, in its order, had recorded that it does not appreciate the tenor of the affidavit. The court had also taken a serious view of the contents of the affidavit.

The Solicitor General of India Tushar Mehta had, on April 12, 2022, strongly objected to Salem's counsel's statement, asking the Home Secretary to file their stand on the extradition treaty with Portugal. "Your client has been accused of acts of terror, you cannot dictate terms to the government," the Solicitor General of India had said.

On September 18, 2002, Abu Salem Abdul Kayyum Ansari and Monika Bedi were arrested in Portugal. They were extradited and brought to India. The extradition was granted for Salem in respect of the Pradeep Jain murder case, Bombay Bomb blast case and Ajit Diwani murder case.

On November 11, 2005, as soon as Salem was brought to India, he was arrested by the CBI in the Bombay bomb blast case and later on, was taken into custody by the Anti-Terrorist Squad, Mumbai in connection with the Pradeep Jain murder case. Salem was then granted life imprisonment by the TADA Court.

Court had, in March 2022, asked the Home Secretary to file an affidavit clarifying Ministry's stand on whether it is committed to abide by the commitment given by the former Deputy Prime Minister of India to Portugal not to keep Abu Saleem in jail for more than 25 years.

Case title: Abu Saleem Vs State of Maharashtra