The Supreme Court of India on 5 August 2013 rejected Gangster Abu Salem's plea for quashing all proceedings against him after Portugal court terminated his extradition to India for violation of deportation rules by authorities. The court ruled that the verdict of Portugal's constitutional court is not binding on India. It ruled that the extradition of Abu Salem is still valid in the eyes of law. The Supreme Court allowed CBI to drop additional charges slapped on Salem under TADA and Explosives Substances Act.
On 9 July 2013, a Supreme Court bench, headed by Chief Justice P Sathasivam, had reserved the verdict saying it will pass the order after considering CBI's submission that the agency is ready to drop certain charges against 45-year-old Salem under TADA and Explosive Substances Act in view of its commitment to the Portuguese government at the time of his extradition that he shall not be awarded death penalty or detained in custody for more than 25-years if found guilty.
What is Extradition?
Extradition is the official process whereby one country transfers a suspected or convicted criminal to another country. Between countries, extradition is normally regulated by treaties.
Extradition in India
In India, the extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of Indian Extradition Act, 1962. The basis of extradition could be a treaty between India and a foreign country. Under section 3 of this Act, a notification could be issued by the Government of India extending the provisions of the Act to the country/countries notified.
India and Portugal Extradition Treaty
India and Portugal signed extradition treaty in January 2007 in New Delhi. The treaty had been signed after talks between Prime Minister Manmohan Singh and visiting Portuguese President Anibal Cavaco Silva.
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