Abu Salem approaches Portugese SC

Don Abu Salem has approached the Supreme Court in Portugal stating that India was violating the agreement under which he was extradited.



A Delhi court had earlier invoked stringent MCOCA charges against Salem.



The extradition of Salem was a tribute to the co-ordination among the CBI, the Ministry of Home Affairs, the Ministry of External Affairs and the Indian embassy in Lisbon, Portugal, and was made possible by the excellent co-operation received from the Portugese authorities. 



There is no extradition treaty between India and Portugal.



A country does not need a treaty to decide that a fugitive found within its jurisdiction should be extradited to another country that requests extradition. It can, if it wants to, take that decision without any treaty obligations whatsoever, even by exercise of executive discretion. Where there is a bilateral extradition treaty, the states party to it normally ges by its terms. 



When Salem entered the US, they tipped off the Federal Bureau of Investigation (FBI), which tailed him. Salem managed to get out of the US and entered Portugal through Lisbon after rigging up his papers. They went on to tip the Lisbon authorities that immediately seized the Indian gangster. And, the tables turned. 



Salem found himself on the receiving end and the Mumbai police, on their part had, scores to settle with the gangster whose extradition from Portugal is shrouded with as much controversy as his role in Mumbai city’s deadliest blasts.



International law recognises four points as a basis of exercise of criminal jurisdiction by a sovereign state, namely, territoriality (the state where the offence has been committed), nationality (the national state of the offender or the accused), the protective principle (the state whose essential economic or other interests have been directly and adversely affected by the offence), and universality (the offence being an international crime).



While these are situations largely governed by the political relations between the two countries involved, yet even a political/administrative decision to extradite or deport is likely to go before the law dispensing authorities including the judiciary in the extradition-requested state.



Indian government sought his extradition under the United Nations Convention on Suppression of Terrorism of 2000 under which all member nations have to help each other in the war against terrorism.



Portugal and India are both signatories to the Convention. In the meantime, the Portugese court sentenced Salem and his girlfriend Monica Bedi to four years imprisonment for illegally entering and staying in Portugal on forged passports. The court also ordered that their extradition could be made only after they have completed their prison term. When the CBI got to know of Salem’s plea the Portugese lawyer representing the Indian government rushed to the court to remind the judge about his previous order about extraditing the duo on completing their four-year sentence.



The Portuguese court ordered their extradition after the Indian government, through its lawyer, gave a solemn assurance that if convicted they would not be sentenced to death. The assurance was given since European law prohibits extradition of any accused to such a country where capital punishment is in vogue.



As per the Portuguese Constitution, no one can be extradited in respect of offences punishable by death penalty under the law of the state requesting extradition.