Portugal SC Scraps Abu Salem's Extradition

[SpArK]

Portugal SC Scraps Abu Salem's Extradition
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Portugal Supreme Court on Tuesday upheld lower court's decision that extradition treaty with India was violated in Abu Salem's case.

CBI will approach the constitutional court in Portugal against the Supreme Court order. CBI spokesperson said no repercussions are expected on Salem's trial in India.

Earlier, the Portugal high court in its order on September 20, 2011 terminated its government's authorisation of the extradition of Abu Salem to India in November 2005 to face trial in around eight cases.

Cancelling the extradition, the Portuguese court accused Indian probe agencies (including the CBI) of violating the conditions under which he was permitted to be taken to India in November 2005 to face trial in eight cases.

The high court had said that in view of the new/additional charges against Salem which entail death penalty, the authorisation granted for his extradition has terminated as it violated the "rule of speciality".

The extradition of Salem, who is also wanted in various cases, including the murder of noted film producer Gulshan Kumar, came after an assurance by the Indian government to Portugal that he would not be given death penalty, an important requirement in extradition proceedings in Europe


FILED ON: JAN 17, 2012

news.outlookindia.com | Portugal SC Scraps Abu Salem's Extradition

 

[Ray]

If addl charges are brought that entails death penalty, would that be taken against the terms of extradition?

What is more evidence is unearthed, does it mean that one cannot prosecute as per the law because of the sentence being violative of the rational for extradition?