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Abu Salem trial: court asked not to give verdict

NEW DELHI: The Supreme Court on Monday issued notice to the Maharashtra Government and the Central Bureau of Investigation (CBI) on a petition filed by Abu Salem, accused in the 1993 bomb blast case, challenging the TADA court’s order framing charges against him in violation of an extradition agreement.

A three-judge Bench of the Chief Justice K.G. Balakrishnan, Justices Tarun Chatterjee and R.V. Raveendran, after hearing K.T.S. Tulsi, senior counsel for Abu Salem, asked the TADA court in Mumbai to proceed with the trial but not to pronounce the verdict. The Bench directed that this petition be tagged with another petition filed by Abu Salem challenging the separation of his trial from the other accused.

Mr. Tulsi contended that the Government of India had given an undertaking to the Government of Portugal, at the time of Abu Salem’s extradition from that country on November 11, 2005, not to try the petitioner for offences punishable with life imprisonment or the death sentence. Contrary to this undertaking, the trial court had framed charges against Abu Salem for offences under IPC Sections 120 B (conspiracy), 382 (theft after preparation made for causing death, hurt or restraint in order to commit theft) and Section 387 (putting person in fear of death or of grievous hurt, in order to commit extortion) and Section 5 of the TADA Act (possession of certain unauthorised arms, etc, in specified areas), he said.

In his appeal, Abu Salem said the charges framed were in violation of the Extradition Act. His rights could not be trampled upon in breach of speciality law contained in the Act. Once he was brought to India on the basis of the extradition treaty, he could only be tried for offences mentioned in the extradition decree, he said. He sought quashing of the order framing charges against him.

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