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Salem extradition no more legal, rules Portugal SC

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Express news service,Agencies

Posted: Jan 17, 2012 at 1507 hrs IST

New Delhi Portugal's Supreme Court has upheld a lower court's decision that the extradition treaty with India was violated in Abu Salem's case, a decision that is likely to provide impetus to Salem's case that India stop his trial for the 1993 Mumbai blasts.

The Central Bureau of Investigation, however, has said the Portugal court's order will have no repercussion on Salem's trial in India. The CBI will also move Portugal's Constitutional court against this order.

Soon after news of the Portugal order came through, Salem moved the TADa court in Mumbai, seeking closure of the trial against him in the 1993 Mumbai blasts. He contended that continuing the trial would be illegal.

The TADA court will hear Salem's plea tomorrow.

The Portugal High Court last September had terminated its government's authorisation of Salem's extradition 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 conditions under which he was permitted to be taken to India in November 2005 to face trial.

Portugal had extradited Salem with the understanding that he would not be tried for death, but the high court noted that the Indian government had slapped new, additional charges against Salem which entailed the death penalty. It said the authorisation granted for his extradition had therefore terminated as it violated the "rule of speciality".

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

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