Contention premature, based on hypothetical surmises: Centre opposes Abu Salem plea for implementation of extradition terms

The Central government has informed the Supreme Court that the plea by 1993 Bombay blasts convict Abu Salem, stating that his imprisonment could not extend beyond 25 years as per the terms of an extradition treaty, was premature [Abu Salem v State of Maharashtra]..Complying with the order passed by a Bench of Justices Sanjay Kishan Kaul and MM Sundresh on February 2, the Central government had filed an affidavit stating that it was bound by its assurance given to Portugal as part of the extradition treaty and would abide by it at an appropriate time.“The contention of petitioner about the non-compliance of assurance is premature and based on hypothetical surmises and can never be raised in present proceedings,” the Centre submitted..In its assurance letter sent on December 17, 2002, the Indian government gave an assurance to the Government of Portugal that if Salem was extradited for trials in India, he would neither be given the death penalty nor be subjected to imprisonment for a term beyond 25 years.In his plea before the Supreme Court, Salem claimed that the 2017 judgment of a Terrorist and Disruptive Activities (Prevention) Act (TADA) Court sentencing him to life imprisonment was against the terms of this treaty..Replying to these concerns in the affidavit, the Central government said that the question of abiding by the assurance would only arise when the period of 25 years was expiring, which would be the case only on November 10, 2030. It was stated that before this date, Salem could not raise any arguments based on the assurance.“The Government of India will abide by the said assurance dated 17.12.2002 subject to the rights which may be available at that stage.”.Consequently, it was the government’s stand that Salem's attempt to club the merits of the case with the assurance was legally untenable.“...it is the respectful submission of the Central Government that this Hon’ble Court may decide the appeal on merits”, it was finally stated..After a long-drawn extradition battle with Portugal, Salem was brought to India in 2005 and sentenced to life imprisonment for his role in the 1993 blasts that rocked Mumbai, killing at least 257..Imprisonment can't exceed 25 years as per extradition treaty with Portugal: Plea by Abu Salem; Supreme Court issues notice