The Union of India (UOI) had told the Supreme Court that the compliance with the assurance given to the Government of Portugal while extraditing gangster Abu Salem, will be done at an appropriate time and the judiciary, as the Constitution of India envisages, is independent in deciding all cases in accordance with the applicable laws.
In an affidavit filed by the Home Secretary, the Government of India said 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.
Home Secretary, Government of India also clarified that the Government of India will abide by the assurances in accordance with the law and subject to the remedies as may be available at that stage.
Explaining the Extradition Act, 1962, the Centre, in its affidavit, said it is an Act enabling the executive of one State [the term “State” is used in the parlance of international law] can deal with another State to extradite the accused/convict persons and these powers are executive powers and while exercising such powers, it is an inherent understanding that it would bind the executives of the respective States.
The affidavit clarified that the judiciary, as the Constitution of India envisages, is independent in deciding all cases including criminal cases in accordance with the applicable laws without in any way being bound by any position taken by the executive.
However, the Centre Government said that “the period of 25 years which is mentioned in the assurance will be abided by the Union of India at an appropriate time subject to the remedies which may be available.”
The Supreme Court was hearing the plea filed by gangster Abu Salem, serving life imprisonment for his role in the 1993 Mumbai serial blasts case, contending that his imprisonment cannot extend beyond 25 years as per the terms of the extradition treaty between India and Portugal.