ABU SALEM EXTRADITION CASE

Press Release
New Delhi , 27-09-2011

Abu Salem Abdul Qayoom Ansari was an absconding accused in serial Bombay Bomb Blast cases of 12th March, 1993. He was an active member of criminal conspiracy, hatched by Dawood Ibrahim Kaskar ( a Global Terrorist), Tiger Memon, Mohd. Dossa and others, the object of which was to commit various terrorist acts including bomb blasts. Abu Salem actively participated in transporting and distribution of smuggled sophisticated arms and ammunitions which, were smuggled into the country in the beginning of 1993. The bomb blasts took place on 12th March, 1993 resulting in loss of lives, injuries to several innocent citizens of Mumbai and destruction of properties.

After the blasts, Abu Salem left India after obtaining a passport in an assumed name from the Passport Office, Lucknow and joined Anees Ibrahim Kaskar and others at Dubai.

In the chargesheet filed in the Designated Court, Mumbai, he was shown as an absconder. The Court declared him a Proclaimed Offender and also issued Non Bailable Warrant of arrest against him. The Interpol also issued Red Corner Notice against Abu Salem.

Abu Salem was detained in Lisbon (Portugal) on 18th September, 2002 and thereafter a request for his extradition was made by the Govt. of India in nine cases which were pending against him. After long drawn legal battle, Abu Salem was extradited to India in November, 2005.

Abu Salem was put to trial in serial Bombay Bomb Blast cases pending in the Designated Court, Mumbai. The Court framed charges against him, keeping in view the provision contained in the section 21(b) of Extradition Act, 1962. The Court also charged him for some of the offences, which were not included in his extradition order, as framing of charges for lesser offence is permissible u/s. 21(b) Extradition Act, 1962.

Abu Salem challenged the framing of charges for the said lesser offences in the Supreme Court of India alleging that there has been violation of Rule of Speciality. The Hon’ble Supreme Court of India pronounced its judgement on 10.09.2010 and rejected the petition filed by Abu Salem. The Hon’ble Supreme Court considered the Rule of Speciality as available in the laws of US, UK and Portugal and India Extradition Act and held that there has been no violation of Rule of Speciality, since the additional charges framed against Abu Salem are made out from the same facts, which were considered for his extradition and provide lesser sentence as compared to the sentence provided for the offences for which his extradition was granted.

Abu Salem had also filed a petition in the High Court of Lisbon alleging violation of Rule of Speciality. The High Court of Lisbon has pronounced its judgement and has held that there has been violation of Rule of Speciality in the case of Abu Salem. This is a matter of interpretation of Rule of Speciality by the highest Court of India, which is binding on all the subordinate Courts in the country. On the other hand the High Court of Lisbon has interpreted the Rule of Speciality differently.

Keeping in view the facts and circumstances, the CBI is examining the order of High Court of Lisbon so as to file an appeal against it in the Supreme Court of Justice, Portugal.

***