Salem can be tried for offences inviting death penalty: Supreme Court
September 10th, 2010 - 8:21 pm ICT by ANINew Delhi, Sep 10 (ANI): The Supreme Court in a significant ruling on Friday said Gangster Abu Salem can be tried for offences inviting death penalty.
The verdict of the apex court assumes significance as the Portugal Government had laid a pre-condition that he will not be extradited if he was to be awarded capital punishment.
A bench of Justices P Sathasivam and Asok Kumar Ganguly held that Salem can be tried for murder (section 302) and criminal conspiracy (120-B) of the IPC, besides other offences under the TADA in connection with the 1993 Mumbai blasts.
The apex court rejected the argument of Salem that he cannot be tried for the offences which entailed death penalty as the same was the pre-condition agreed by the Indian Government at the time of his extradition from Portugal.
The prosecution had, however, argued that the Portugal Government cannot impose any pre-condition on Indian courts.
The apex court while concurring with the prosecution’s argument, pointed out that notwithstanding the pre-condition imposed by Portugal authorities, the two countries are signatories to the international convention on elimination of terrorism.
The apex court added that there was nothing wrong if the various provisions under TADA and the Indian Penal Code (IPC) were invoked against him.
42-year-old Salem has been lodged in a Mumbai jail since his extradition from Portugal in 2005.
He is a key accused in the 1993 serial bomb blasts case. (ANI)
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- Apex court refuses to give relief to don Abu Salem (Lead) - Sep 10, 2010
- Abu Salem can be tried for all crimes in India: Apex court - Sep 10, 2010
- Portuguese Supreme Court cancels Salem's extradition, CBI unfazed (Second Lead) - Jan 17, 2012
- Apex court wants details of Abu Salem case proceedings - Mar 19, 2012
- Relief for Abu Salem in 1993 blasts - Feb 17, 2012
- Salem's trial to continue, to move Portugal constitutional court: CBI - Jan 17, 2012
- Portugal Supreme Court cancels Salem's extradition, CBI unfazed (Lead) - Jan 17, 2012
- Court puts off Abu Salem case till Dec 20 - Nov 08, 2011
- Court reserves order on dropping charges against Salem (Lead) - Feb 09, 2012
- Salem moves court in Mumbai blasts case - Jan 17, 2012
- Abu Salem gets bail, but to remain in jail - May 11, 2011
- Portuguese Supreme Court cancels Abu Salem's extradition, CBI to appeal - Sep 27, 2011
- Court frames charges against Abu Salem - Dec 15, 2009
Tags: apex, apex court, asok kumar, bench, bomb blasts, capital punishment, criminal conspiracy, death penalty, extradition, gangster, indian courts, indian government, indian penal code, ipc, mumbai blasts, New Delhi, old salem, prosecution, signatories, tada