Delhi HC allows withdrawal of Abu Salem's plea to be sent back to Portugal

New Delhi, May 5 The Delhi High Court on Thursday "dismissed as withdrawn" the plea filed by gangster Abu Salem, a convict in the 1993 Mumbai serial blasts case, seeking repatriation to Portugal on the grounds that his detention in India is "illegal".

A division bench of Justices Siddharth Mridul and Rajnish Bhatnagar allowed the withdrawal of the plea by the gangster.

The Supreme Court on Thursday reserved its order on a plea by Abu Salem claiming that, as per the extradition treaty between India and Portugal, his jail terms cannot extend beyond 25 years. Advocate Rishi Malhotra, representing Abu Salem in the apex court, submitted that his client was in custody in Portugal since 2002, and he was arrested following a 'Red Corner Notice'.

He added that the extradition process started in 2003 and went on for almost 2 years and in 2005, he was handed over to India.

Abu Salem was seeking his repatriation to Portugal in view of conventions governing the field and the treaty conditions.

In March, the High Court, while dealing with his habeas corpus petition, had said that the plea claiming his detention was illegal is not maintainable. It had emphasised that not abiding by the assurance made to the Portugal authorities, could have wider ramifications and it may create problems while seeking the extradition of fugitives from other countries.

Abu Salem had cited these assurances given by the Indian authorities before the courts in Portugal in 2002 and 2005 that he will not get death penalty or a jail term beyond 25 years. He was brought to India in 2005 and sentenced to life imprisonment for his role in the 1993 Mumbai blasts.