The Supreme Court on Monday ruled that the Centre is bound by the sovereign commitment made to the Republic of Portugal at the time of extraditing gangster Abu Salem to India in 2002 that his sentence will not exceed 25 years.
The court held that sentence of life imprisonment imposed on him in the 1993 Bombay Blasts case has to remitted upon the completion of 25 years from the date of his extradition to India.
"The central government is bound to advise the President for exercise of powers under Article 72 of the Constitution and to release the appellant in terms of the national commitment as well as the principle based on the comity of courts," a bench of Justices Sanjay Kishan Kaul and M M Sundresh said.
The court said, "It was taking a call on this issue now and do not want to leave it to any uncertainty in future."
The bench also declined a plea by Salem for setting off the period he was detained in Portugal, saying it was with respect to a different offence in a different country and would not have any impact on the detention with respect to the matter under consideration.
The bench also declared that the international treaty between the Government of India and Republic of Portugal was not binding on the Indian Courts due to the principle of the separation of powers.
"Courts must proceed with the law to impose the sentence," the bench said, adding the sentence of the appellant was just and proportionate considering the gravity of the crime.
Salem had questioned life imprisonment imposed on him by the TADA court on September 7, 2017 in the 1993 Mumbai serial blasts case.
Published 11 July 2022, 06:40 IST
