Gangster Abu Salem's extradition to India is still valid despite its termination by Portugal's Constitutional court, the Supreme Court held today paving the way for continuance of trial against him in various cases including the 1993 Mumbai serial blasts case.
The apex court held that the verdict by the the highest court in Portugal is not binding and dismissed the plea of Salem for quashing of all proceedings against him after termination of his extradition to India.
A bench headed by Chief Justice P Sathasivam asked the Centre to approach an international forum to settle the divergent views or reconcile via diplomatic channels.
"Both India and Portugal are two sovereign States with efficient and independent judicial system. As a consequence, in unequivocal terms, the verdict by the Constitutional Court of Portugal is not binding on this Court but only has a persuasive value," the bench, also included Justice J Chelameshwar, said.
"As on date, there exist two divergent views with regard to the violation of the Principle of Speciality rendered by the Supreme Court of India and the Constitutional Court of Portugal.
"The available options for the Union of India are either to approach an international forum to settle the divergent view or in alternate reconcile via diplomatic channels," it said.
The bench vacated the stay on the trial proceedings against Salem and also allowed the CBI to drop additional charges slapped on Salem under TADA and Explosive Substances Act after his extradition.
