The Supreme Court on Monday said the Centre is bound to honour its commitment given to Portugal, and release gangster Abu Salem on completion of his 25-year sentence in the 1993 Mumbai blasts case.
Salem had said his sentence could not exceed 25 years as per the assurance given by India to Portugal for his extradition in 2002. The assurance was given by then deputy Prime Minister L K Advani.
A Bench of Justices SK Kaul and MM Sundresh had reserved the judgment on May 5 in the matter after the Centre argued that the judiciary is independent of the solemn sovereign assurance given to the Portugal government and it is up to the executive to take a call on it at an appropriate stage.
Additional Solicitor General KM Nataraj had argued that the court is not bound by the solemn assurance and it can pass orders as per the law.
“Solemn sovereign assurance cannot be forced on the judiciary. The Executive will act on it at an appropriate stage. We are bound by the solemn sovereign assurance in this regard. Judiciary is independent, it can proceed as per law,” he had said.
The bench had told Nataraj that arguments made by advocate Rishi Malhotra, representing Salem, was that the court should decide on the solemn assurance and reduce his sentence from life term to 25 years or direct the government to take a call on the assurance given during his extradition.
The Centre had told the top court that the question of the Union of India honouring its assurance dated December 17, 2002 will arise only when the period of 25 years is to expire which is November 10, 2030.
On February 25, 2015, a special TADA court had awarded life imprisonment to Salem in another case for murdering Mumbai-based builder Pradeep Jain in 1995 along with his driver Mehndi Hassan.
Salem, also a convict in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle.
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