In a major relief for mafia don Abu Salem, the Supreme Court today stayed till further orders his trial in 1993 Mumbai Serial Bomb Blast case.
Earlier counsel for the petitioner submitted before the court that the petition raised an important question of Law of Public Importance.
A bench comprising Justices P Sathasivam and J Chelameswar also issued notices to the Ministry of External Affairs and Central Bureau of Investigation(CBI).
Justice Sathasivam observed, ”We have to respect the judgements of Portugal Supreme Court as well as the undertaking given by the government of India to Portugese Court at the time of seeking extradition of don to India.” The government of India had given an undertaking to that court that Salem would not be given death sentence or imprisonment of not more than 25 years.
The apex court also issued notices to the Attorney General of India G E Vahanvati to assist the court.
The CBI had submitted before the Mumbai TADA court that CBI is not bound by the judgement of Portugal Supreme Court cancelling the extradition of Salem to India.
Abu Salem has approached the Supreme Court against the order of Mumbai TADA court dismissing his application for dropping proceedings against him in view of Portugal Supreme Court judgement.
The apex court will also consider wether the government action was in derogation to the ruling of Portugal Supreme Court.
–Agencies