NEW DELHI: Union Home Secretary Ajay Kumar Bhalla on Tuesday removed confusion created by the CBI with an affidavit, saying the Government of India is bound by the assurance given by then Deputy PM Lal Krishna Advani to Portugal in 2002, limiting Mumbai gangster Abu Salem's jail term to maximum 25 years, though sentenced to life term in the 1993 Mumbai serial blasts.
A Bench of Justices Sanjay Kishan Kaul and M M Sundresh fixed the next hearing on April 21.
On April 12, it had warned to decide if the home secretary does not file reply by April 18.
“It is respectfully submitted that the government of India is bound by the assurance dated December 17, 2002. The period of 25 years which is mentioned in the assurance will be abided by the Union of India as the appropriate time subject to the remedies which may be available," reads the affidavit.
It said: "The question of the Union of India honouring its assurance will arise only when the period of 25 years is going to expire. Before the said date, the appellant-convict cannot raise any arguments based on the said assurance. Therefore, the contention of the petitioner about non-compliance of assurance is premature and based on hypothetical surmises and can never be raised in present proceedings.”
It has also been submitted that the judiciary is independent in deciding all cases including criminal cases in accordance with the applicable laws without in any way being bound by any position taken by the executive. The CBI had already in an affidavit said an Indian court is not bound by the assurance given by the then Deputy Prime Minister in 2002. The Court was not satisfied with this response, stressing that better the government take the stand since it will have ramifications on its international commitments in other cases to bring back absconders to India for trial in the Indian courts.
Abu Salem's contention is that the extradition treaty between India and Portugal limits his jail term to 25 years and so the life term be set aside.
